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Broadcasting Act


Published: 2011-07-14

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to promote the protection of the rights and interests of the viewers, the formation of the democratic public opinion and the improvement of national culture, and to contribute to the development of broadcasting and advancement of public welfare, by guaranteeing the freedom and independence of broadcasting and by enhancing public responsibilities of broadcasting.
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 Article 2 (Definitions)   print
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 7213, Mar. 22, 2004; Act No. 8060, Oct. 27, 2006; Act No. 8301, Jan. 26, 2007; Act No. 10856, Jul. 14, 2011>
1. The term "broadcasting" means planning, programming or producing broadcast programs, and transmitting them to the general public (including the recipients under individual contracts; hereinafter referred to as "viewers") through telecommunication facilities, referring to any of the following items:
(a) Television broadcasting: Broadcasting which transmits broadcast programs comprised of the instant images of stationary or moving objects, and of the voices, sounds, etc. incidental thereto;
(b) Radio broadcasting: Broadcasting which transmits broadcast programs composed of voices, sounds, etc.;
(c) Data broadcasting: Broadcasting (excluding the cases of providing or mediating through communication network, such as the Internet; hereinafter the same shall apply) which transmits broadcast programs composed of, mainly, the data (referring to the letters, numerals, diagrams, graphs, images and other information systems), and of the images, voices, sounds and their combinations incidental thereto using the channels of the broadcasting business operators;
(d) Digital multimedia broadcasting: Broadcasting which transmits television broadcasting, radio broadcasting and data broadcasting in complexity using multi-channels for the main purpose of receiving while moving;
2. The term "broadcasting business" means the business of conducting broadcasts which falls under the following items:
(a) Terrestrial broadcasting business: A business of managing and operating wireless stations on the ground aimed for broadcasting, and of conducting broadcasts by using them;
(b) CATV broadcasting business: A business of managing and operating CATV broadcasting stations (referring to the cable broadcasting station facilities and the employees thereof in whole for conducting multi-channel broadcasts; hereinafter the same shall apply), and of conducting broadcasts by using the transmission and line facilities;
(c) Satellite broadcasting business: A business of managing and operating wireless stations by owning or leasing the wireless facilities of artificial satellites, and of conducting broadcasts by using them;
(d) Program providing business: A business of using the relevant channel by entering into a contract for exclusive use of whole or part of time of a specific channel with a terrestrial broadcasting business operator, a CATV broadcasting business operator, or a satellite broadcasting business operator;
3. The term "broadcasting business operator" means the person in each of the following items:
(a) Terrestrial broadcasting business operator: A person who has obtained a license under Article 9 (1) for operating a terrestrial broadcasting business;
(b) CATV broadcasting business operator: A person who has obtained a license under Article 9 (2) for operating a CATV broadcasting business;
(c) Satellite broadcasting business operator: A person who has obtained a license under Article 9 (1) for operating a satellite broadcasting business;
(d) Program providing business operator: A person who has registered or obtained approval under Article 9 (5) for operating a program providing business;
(e) Community radio broadcasting business operator: A person who has obtained a license under Article 9 (11) for operating radio broadcasting for the purpose of public interest at ten watt or lower antenna power;
4. The term "CATV relay broadcasting" means receiving and relaytransmitting (including the audio and video recordings which do not alter any broadcast programs) a terrestrial broadcast (referring to a broadcast done by using the wireless stations on the ground aimed forbroadcasting; hereinafter the same shall apply), a satellite broadcast (referring to a broadcast done by using the wireless stations of artificial satellites; hereinafter the same shall apply) operated by the Korean Broadcasting System under this Act and by a broadcasting business operator established under the Special Act, or a broadcast determined by Presidential Decree;
5. The term "CATV relay broadcasting business" means a business of conducting CATV relay broadcasts;
6. The term "CATV relay broadcasting business operator" means a person who has obtained a license under Article 9 (2) for operating a CATV relay broadcasting business;
7. The term "CATV music broadcasting" means a transmission of musicrecorded on phonograms sold or distributed under the Music Industry Promotion Act;
8. The term "CATV music broadcasting business" means a business of conducting the CATV music broadcasts;
9. The term "CATV music broadcasting business operator" means a person who has registered under Article 9 (5) for operating a CATV music broadcasting business;
10. The term "electric sign board broadcasting" means an act of presenting a broadcast program including news reports on an electric sign board at all times or continually for a specified period of time;
11. The term "electric sign board broadcasting business" means a business of conducting electric sign board broadcasts;
12. The term "electric sign board broadcasting business operator" means a person who has registered under Article 9 (5) for operating an electric sign board broadcasting business;
13. The term "signal transmission network business" means a business of installing and operating cable or wireless signal transmission and line facilities in order to transmit the broadcast programs from CATV broadcasting stations to viewers;
14. The term "signal transmission network business operator" means a person who has registered under Article 9 (10) for operating a signal transmission network business;
15. The term "broadcast programming" means an act of deciding the types, contents, quantity, time, and arrangements of the broadcasted items;
16. The term "broadcast field" means an area of broadcast programs classified into news reports, culture and entertainment, etc.;
17. The term "broadcast program" means the broadcast contents forming a unit of broadcast programming;
18. The term "general programming" means an act of organizing the broadcast programs so as to form a mutual harmony between the diverse broadcast fields such as news reports, culture and entertainment;
19. The term "specialized programming" means an act of specially organizing broadcast programs of a particular broadcast field;
20. The term "pay broadcast" means a broadcast provided in return for a price by several channel units, channels or broadcast programs under a contract with viewers;
20-2. The term "channel" means a unit of television broadcasting, radio broadcasting or data broadcasting provided in the form of continuous flow or information system through the same frequency band;
21. The term "commercial broadcast" means a broadcast of contents aiming at advertisements;
22. The term "announcement of sponsors" means an announcement of the names or trade names, etc. of others after receiving from them the expenses, goods, services, manpower or places required directly or indirectly for the production of a broadcast program;
23. The term "person in charge of broadcast programming" means the person who makes the decisions concerning and takes the responsibility for the broadcast programming;
24. The term "news report" means programing a broadcast program of coverage and report, reviews, commentaries, etc. for current events with regard to overall politics, economy, society, culture, etc. inside and outside Korea;
25. The term "general watching and listening right" means the right of the people to watch and listen to the broadcasts of sports games and other major events that are greatly popular with them.
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 Article 3 (Protection of Rights and Interests of Viewers)   print
A broadcasting business operator shall encourage the viewers to participate in decision-making with regard to planning, programming or producing broadcast programs, and shall make the results of broadcasts comply with the viewers' interests.
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 Article 4 (Freedom and Independence of Broadcast Programming)   print
(1) The freedom and independence of broadcast programming shall be guaranteed.
(2) No one shall regulate or interfere with the broadcast programming unless as prescribed by this Act or other Acts.
(3) A broadcasting business operator shall appoint a person in charge of broadcast programming, and make an official announcement of his name during broadcasting hours at least once in a day, and guarantee the autonomous broadcast programming for the person in charge of broadcast programming.
(4) A broadcasting business operator engaged in general programming or specialized programming of news reports shall, in order to guarantee an autonomy in the production of broadcast programs, institute a covenant on broadcast programming, reflecting the opinions of the persons engaged in data collection and production, and shall publicly announce it.
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 Article 5 (Public Responsibility of Broadcasting)   print
(1) A broadcast shall respect the dignity and value of human beings as well as the fundamental democratic order.
(2) A broadcast shall contribute to the unity of the people to a harmonious development of the State and a democratic formation of the public opinion, and shall not promote any discords among regions, generations, classes and sexes.
(3) A broadcast shall not injure any third party's reputation or infringe on his/her rights.
(4) A broadcast shall not promote crimes, immoral conducts or a speculative spirit.
(5) A broadcast shall not promote lewdness, decadence or violence which has a negative influence on a sound family life and on a guidance of children and juveniles.
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 Article 6 (Impartiality and Public Interest of Broadcasting)   print
(1) A broadcast of news reports shall be impartial and objective.
(2) A broadcast shall not be discriminative in broadcast programming on account of sex, age, occupation, religion, belief, class, region, race, etc.: Provided, That the foregoing shall not apply in cases where a broadcasting business operator engaged in a specialized programming with respect to a missionary work of religion within the limit of a relevant broadcast field.
(3) A broadcast shall respect the ethical and emotional sentiments of people, and contribute to the safeguard of the fundamental rights of people and the advancement of international friendship.
(4) A broadcast shall protect and enhance people's right to knowledge and freedom of expression.
(5) A broadcast shall strive to faithfully reflect the interests of the groups or classes that are relatively small in number or at a disadvantage in realization of the pursuit of their interests.
(6) A broadcast shall contribute to the balanced development of local communities and the promotion of national cultures.
(7) A broadcast shall facilitate its social education functions, and diffuse and disseminate useful living information, and contribute to the qualitative improvement of people's cultural life.
(8) A broadcast shall contribute to the propagation of standard language, and endeavor to refine and purify the language.
(9) A broadcast shall, in publicly announcing the policies, etc. of the Government or a specific group, strive to provide an equal opportunity to other groups having different opinions, and also endeavor to maintain a balance in organizing the broadcast programs with respect to each party of political interests.
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 Article 7 (Scope of Application)   print
Matters concerning broadcasting shall be governed by this Act except as otherwise prescribed in other Acts.
CHAPTER II BROADCASTING BUSINESS OPERATORS, ETC.
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 Article 8 (Restrictions, etc. on Ownership)   print
(1) Where a broadcasting business operator issues stocks, they shall be registered ones.
(2) No one may own in excess of 40/100 of the total stocks or equity shares of a terrestrial broadcasting business operator and a program providing business operator engaged in general programing or specialized programing of news reports, including the stocks or equity shares owned by persons having a special relation determined by Presidential Decree (hereinafter referred to as "specially related persons"): Provided, That the foregoing shall not apply to cases falling under any of the following subparagraphs: <Amended by Act No. 7213, Mar. 22, 2004; Act No. 8060, Oct. 27, 2006; Act No. 9786, Jul. 31, 2009>
1. Where the State or a local government owns stocks or equity shares of a broadcasting business operator;
2. Where the Foundation for Broadcast Culture established under the Foundation for Broadcast Culture Act owns stocks or equity shares of a broadcasting business operator;
3. Where any investment is made to a broadcasting business operator aiming at a missionary work of religion.
(3) Notwithstanding the provisions of paragraph (2), a company belonging to an enterprise group that falls under the criteria prescribed by Presidential Decree, including the gross amount of assets, among the enterprise groups provided for in subparagraph 2 of Article 2 of the Monopoly Regulation and Fair Trade Act (hereinafter referred to as "conglomerate"), and its affiliates (including specially related persons), or a corporation (including specially related persons) operating daily newspapers under the Registration, etc. of Periodicals Act or news correspondences under the provisions of the Act on Promotion of News Agency (hereinafter referred to as "news correspondence") shall not own stocks or equity shares in excess of 10/100 of the total stocks or equity shares of a terrestrial broadcasting business operator, and shall not own stocks or equity shares in excess of 30/100 of the total stocks and equity shares of a program providing business operator engaging in general programing or specialized program of new reports. <Amended by Act No. 6803, Dec. 18, 2002; Act No. 6905, May 29, 2003; Act No. 7213, Mar. 22, 2004; Act No. 9786, Jul. 31, 2009>
(4) Any corporation running daily newspaper business (including specially related persons) which intends to own stocks or equity shares of a terrestrialbroadcasting business operator or a program providing business operator engaging in general programing or specialized program of news reports shall disclose information, such as the total number of publication copies and number of pay circulations, prescribed by Presidential Decree for the purpose of improving transparency in business, by submitting them to the Korea Communications Commission. Notwithstanding paragraph (3), in cases where the subscription rate (referring to a rate of households which subscribe to specific pay daily newspaper for a given period, from among total households, as prescribed by Presidential Decree; hereinafter the same shall apply) is 20/100 or higher than that of a daily newspaper, the corporation shall not concurrently run terrestrial broadcasting business and program providing business engaging in general programing or specialized program of news reports. <Newly Inserted by Act No. 9786, Jul. 31, 2009>
(5) Every corporation (including any person in a special relationship with such corporation) that publishes a daily newspaper or runs a news correspondence provided for in the Act on the Promotion of Newspapers, etc. shall be prohibited from holding shares and equities in excess of 49/100 of the total number of the shares and equity shares of any CATV broadcasting business operator and any satellite broadcasting business operator. <Amended by Act No. 8301, Jan. 26, 2007; Act Nos. 9785 & 9786, Jul. 31, 2009>
(6) A terrestrial broadcasting business operator, a CATV broadcasting business operator and a satellite broadcasting business operator shall not mutually and concurrently operate their business or own their stocks or equity shares in excess of the scope prescribed by Presidential Decree in consideration of market shares or the number of business operators, etc.: Provided, That a terrestrial broadcasting business operator and a CATV broadcasting business operator shall not mutually and concurrently operate the business or own their stocks or equity shares. <Amended by Act No. 9786, Jul. 31, 2009>
(7) A terrestrial broadcasting business operator, a CATV broadcasting business operator, a satellite broadcasting business operator, a program providing business operator and a signal transmission network business operator shall not mutually and concurrently operate their business or own their stocks or equity shares in excess of the scope prescribed by Presidential Decree in consideration of market shares, broadcasting fields, or the number of business operators, etc. <Amended by Act No. 8060, Oct. 27, 2006>
(8) A terrestrial broadcasting business operator, a CATV broadcasting business operator or a satellite broadcasting business operator shall not concurrently operate another terrestrial broadcasting business, CATV broadcasting business or satellite broadcasting business respectively, or own their relevant stocks or equity shares in excess of the scope prescribed by Presidential Decree in consideration of market shares or the number of business operators, etc.: Provided, That the foregoing shall not apply when a terrestrial broadcasting business operator, in which the Foundation for Broadcast Culture established under the Foundation for Broadcast Culture Act is the largest investor, owns stocks or equity shares of another affiliated terrestrial broadcasting business operator, when this Act enters into force. <Amended by Act No. 7213, Mar. 22, 2004; Act No. 8568, Jul. 27, 2007>
(9) A program providing business operator shall not concurrently operate another program providing business or own its stocks or equity shares in excess of the scope determined by Presidential Decree in consideration of market share or the number of business operators, etc.
(10) Political parties shall not own stocks or equity shares of a broadcasting business operator. <Amended by Act No. 7190, Mar. 12, 2004>
(11) Persons subject to the prohibition of concurrent operation and restriction on ownership under paragraphs (6) through (9) shall include their specially related persons. <Amended by Act No. 9786, Jul. 31, 2009>
(12) Persons who own stocks or equity shares, in violation of the provisions of paragraphs (2) through (10) shall not exercise their right to vote as to the portions so owned or in excess. <Amended by Act No. 9786, Jul. 31, 2009>
(13) With respect to a person who concurrently operates a business or owns stocks or equity shares in violation of the provisions of paragraphs (2) through (10), the Korea Communications Commission may order him/her to correct the relevant matters by fixing a period not exceeding six months. <Newly Inserted by Act No. 7213, Mar. 22, 2004; Act No. 8867, Feb. 29, 2008; Act No. 9786, Jul. 31, 2009>
(14) Any person falling under any of the following subparagraphs may not become a community radio broadcasting business operator:<Newly Inserted by Act No. 8060, Oct. 27, 2006>
1. The Government of the Republic of Korea;
2. Local governments;
3. Religious organizations;
4. Political parties;
5. Persons who intend to operate a community radio broadcasting business for profit.
(15) Any community radio broadcasting business operator may not own broadcasting stations exceeding one. <Newly Inserted by Act No. 8060, Oct. 27, 2006>
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 Article 9 (License, Approval, Registration, etc.)   print
(1) A person who intends to operate a terrestrial broadcasting business or satellite broadcasting business shall obtain a license of the Korea Communications Commission for a broadcasting station prescribed by the Radio Waves Act. <Amended by Act No. 8867, Feb. 29, 2008>
(2) A person who intends to operate CATV broadcasting business or CATV relay broadcasting business shall obtain a license from the Korea Communications Commission after installing facilities and technologies satisfying the standards prescribed by Presidential Decree. <Amended by Act No. 8867, Feb. 29, 2008>
(3) Notwithstanding paragraph (2), where a CATV relay broadcasting business operator satisfying the standards prescribed by Presidential Decree intends to operate CATV broadcasting business, he/she shall obtain approval from the Korea Communications Commission. <Amended by Act No. 8867, Feb. 29, 2008>
(4) A person who has obtained approval under paragraph (3) shall be deemed to have received a license for CATV broadcasting business operator under subparagraph 3 (b) of Article 2 from the date he/she obtained such approval.
(5) A person who intends to operate program-providing business, electric signboard broadcasting business or CATV music broadcasting business shall register with the Korea Communications Commission: Provided, That a person who intends to operate program-providing business engaged in general programming or specialized programming regarding news reports or commodity presentation and sales shall obtain approval from the Korea Communications Commission. In such cases, a person who has registered or obtained approval in order to conduct data broadcasting shall report on value-added communication business under Article 22 of the Telecommunications Business Act within seven days from the date on which he/she registered or obtained such approval. <Amended by Act No. 7213, Mar. 22, 2004; Act No. 8867, Feb. 29, 2008; Act No. 10166, Mar. 22, 2010>
(6) A person who intends to operate a business of conducting satellite broadcasts utilizing wireless facilities of an artificial satellite of a foreign country (limited to those whose signals can be received within the Korean territory) shall obtain approval from the Korea CommunicationsCommission. <Amended by Act No. 8867, Feb. 29, 2008>
(7) Provisions applicable to a satellite broadcasting business operator under subparagraph 3 (c) of Article 2 shall apply mutatis mutandis to a person who has obtained approval under the provisions of paragraph (6).
(8) A person who intends to use the relevant channels under a contract for exclusive use of a specific channel for the whole or part of time of a wireless station of an artificial satellite of a foreign country (limited to those whose signals can be received within the Korean territory) shallobtain approval of the Korea Communications Commission. <Amended by Act No. 8867, Feb. 29, 2008>
(9) Provisions applicable to a program providing business operator under subparagraph 3 (d) of Article 2 shall apply mutatis mutandis to a person who has obtained approval under the provisions of paragraph (8).
(10) A person who intends to operate a signal transmission network business shall register with the Korea Communications Commission. <Amended by Act No. 8867, Feb. 29, 2008>
(11) A person who intends to operate a community radio broadcasting business shall obtain a license for broadcasting station from the Korea Communications Commission under the conditions prescribed by the Radio Waves Act. In such cases, detailed matters necessary for operation, such as programing and financial resources of the community radio broadcasting business operator, shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 8060, Oct. 27, 2006; Act No. 8867, Feb. 29, 2008>
(12) Matters necessary for the procedures, etc. for a license, approval and registration under paragraphs (1) through (11) shall be prescribed by Presidential Decree. <Amended by Act No. 8060, Oct. 27, 2006; Act No. 8568, Jul. 27, 2007; Act No. 8867, Feb. 29, 2008>
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 Article 9-2 (Requirements for Registration of Program Providing Business)   print
(1) Those who intend to register a program providing business under the main sentence of Article 9 (5) shall meet the following requirements:
1. Both paid-in capital and actual capital (referring to capital only for the said program providing business) shall each be not less than five hundred million won. In such cases, the "capital" shall be deemed to be the "money invested" in the case of a corporation other than a stock company;
2. There shall be a master control room (referring to a place in which broadcast programming and transmission are comprehensively controlled), a sub-control room (referring to a place in which the production of individual broadcast programs is controlled), a comprehensive editing room (referring to a place in which individual broadcast programs are completed by editing the audio, video, sound, etc.) and a transmission facility;
3. There shall be an office in which the said program providing business is capable of being carried out;
4. The same channel name used by any other broadcasting business operator or a channel name that may confuse viewers shall not be used.
(2) When a person concurrently operates several program providing businesses, matters necessary for the standards, etc. for the application of capital requirements under paragraph (1) 1 shall be provided for in Presidential Decree.
[This Article Newly Inserted by Act No. 8568, Jul. 27, 2007]
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 Article 10 (Criteria and Procedures for Evaluation)   print
(1) Where the Korea Communications Commission grants a license under Article 9 (1) and (2) or authorization under paragraphs (3), (5), (6) and (8) of the same Article, it shall evaluate each of the following matters and make a public announcement of its results: <Amended by Act No. 8867, Feb. 29, 2008>
1. Possibility of realizing a public responsibility, impartiality and public interest of broadcasting;
2. Appropriateness of the planning, programming and production plans of broadcast programs;
3. Regional, social and cultural necessity and validity;
4. Appropriateness of management plans such as the organization and manpower operation;
5. Financial and technical capability;
6. Support plans for the advancement of broadcasting;
7. Other matters necessary for conducting the business.
(2) The Korea Communications Commission shall, in cases where it conducts an evaluation under paragraph (1), openly hear the opinions of the viewers, and make a public announcement on whether their opinions have been reflected. <Amended by Act No. 8867, Feb. 29, 2008>
(3) Where the Korea Communications Commission grants a license to a person who intends to operate a CATV broadcasting business, it shall hear the opinions of the Special Metropolitan City Mayor, Metropolitan City Mayor or Do Governor (hereinafter referred to as"Mayor/Dos Governor"). <Amended by Act No. 8867, Feb. 29, 2008>
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 Article 11 (Public Notification of Broadcast Fields, etc.)   print
The Korea Communications Commission may, in order to have the specialty of broadcast programs and the variety of channels embodied, make a public notification of programming ratios, etc. according to the broadcast fields of specialized programming and the types of broadcast programs. <Amended by Act No. 8867, Feb. 29, 2008>
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 Article 12 (Grounds for Regional Business Privilege)   print
(1) Where the Korea Communications Commission grants a license for a CATV broadcasting business or a CATV relay broadcasting business under Article 9 (2), it may grant a privilege to operate the business within a specified broadcasting zone (hereinafter referred to as "regional business privilege"). The same shall apply when granting authorization for a CATV broadcasting business under the provisions of Article 9 (3). <Amended by Act No. 8867, Feb. 29, 2008>
(2) Broadcasting zones under paragraph (1) and business zones of CATV music broadcasting shall be publicly announced by the Korea Communications Commission in consideration of the zone of community resident life, geographical conditions and telecommunication facilities with a focus on the administrative districts, under the consultation with the head of the relevant central administrative agencies and Mayors/Dos Governors. <Amended by Act No. 8867, Feb. 29, 2008>
(3) Deleted.<by Act No. 7498, May 18, 2005>
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 Article 13 (Grounds for Disqualification)   print
(1) The State, a local government or a person who is not a corporation may not operate a broadcasting business or signal transmission network business. The same shall apply to a person for whom three years have not passed after his/her license, authorization or registration was revoked under the provisions of Article 18.
(2) A person falling under any of the following subparagraphs may not operate a CATV relay broadcasting business or a CATV music broadcasting business:
1. A foreigner or the government or organization of a foreign country;
2. A minor or quasi-incompetent person;
3. A person who was declared bankrupt and has not been reinstated;
4. A person who was sentenced to the punishment heavier than a fine for violating this Act, and for whom three years have not passed since his/her sentence was completed or the non-execution of his/her sentence was confirmed, or a person who is in the period of suspended sentence;
5. A person for whom two years have not passed since a license or registration for a CATV relay broadcasting business or CATV music broadcasting business was revoked under the provisions of Article 18.
(3) A person falling under any of the following subparagraphs may not become a representative or a person in charge of broadcast programmingof a corporation which has obtained a license or authorization or has registered under the provisions of Article 9 (1), (2), (3), (5), (6), (8) and (10): <Amended by Act No. 7655, Aug. 4, 2005>
1. A person whose nationality is not of the Republic of Korea;
2. A minor or quasi-incompetent person;
3. A person who was declared bankrupt and is not yet reinstated;
4. A person who was sentenced to the punishment heavier than a fine for violating this Act, and for whom three years have not passed since his/her sentence was completed or the non-execution of his/her sentence was confirmed, or a person who is in the period of suspended sentence;
5. A person who was sentenced to the punishment by an unsuspended sentence of imprisonment without forced labor or heavier for committing a crime under Articles 87 through 90, 92 and 101 of the Criminal Act, Articles 5 through 8, 9 (2), 11 through 16 of the Military Criminal Act, or Articles 3 through 9 of the National Security Act, and whose sentence is not completed or the non-execution of sentence is not confirmed, or a person who is in the period of suspended sentence;
6. A person for whom the security surveillance disposition under the Security Surveillance Act, the protective custody under the Social Protection Act, or the medical treatment and custody under the Medical Treatment and Custody Act is in the enforcement period;
7. A representative of a corporation or an organization of a foreign country (excluding the cases of a signal transmission network business).
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 Article 14 (Investment and Contribution by Foreign Capital)   print
(1) A person operating a terrestrial broadcasting business may not receive an investment or a contribution of property from a person falling under any of the following subparagraphs: Provided, That in cases where a broadcasting business operator and a CATV relay broadcasting business operator have obtained authorization from the Korea Communications Commission, they may receive property contributions from a foreign organization operated for the sake of facilitating education, athletics, religion, charity and other international friendship: <Amended by Act No. 8867, Feb. 29, 2008; Act No. 9786, Jul. 31, 2009>
1. The government or organization of a foreign country;
2. A foreigner;
3. A corporation stocks or equity shares of which are owned by the government or an organization of a foreign country or a foreigner in excess of the ratio prescribed by Presidential Decree.
(2) A program providing business operator engaging in general programing or a CATV relay broadcasting business operator may not receive an investment or a contribution of property from a person falling under any subparagraph of paragraph (1), in excess of 20/100 of the total stocks or equity shares of the relevant corporation; and, in cases of a program providing business operator engaging in specialized program of news reports, 10/100 of the total stocks or equity shares of the relevant corporation. <Amended by Act No. 9786, Jul. 31, 2009>
(3) A CATV broadcasting business operator, satellite broadcasting business operator and program providing business operator (excluding a person engaging in general programing or specialized programing of news reports) or a signal transmission network business operator may not receive an investment or a contribution of property from a person falling under any subparagraph of paragraph (1) in excess of 49/100 of the total stocks or equity shares of the relevant corporation. <Amended by Act No. 7213, Mar. 22, 2004; Act No. 9786, Jul. 31, 2009>
(4) The stocks or equity shares owned by each person falling under any subparagraph of paragraph (1) shall be added up in applying the provisions of paragraphs (2) and (3). <Newly Inserted by Act No. 7213, Mar. 22, 2004>
(5) Where a broadcasting business operator, a CATV relay broadcasting business operator or a signal transmission network business operator violates the provisions of paragraphs (1) through (3), the owner of the stocks or equity shares who has provided the ground for such a violation may not excercise the voting rights with respect to the pertinent owned portion or excess portion.<Newly Inserted by Act No. 7213, Mar. 22, 2004>
(6) Where a broadcasting business operator, a CATV relay broadcasting business operator or a signal transmission network business operator violates the provisions of paragraphs (1) through (3), the Korea Communications Commission may issue an order to correct the pertinent matters to the broadcasting business operator, the CATV relay broadcasting business operator, the signal transmission network business operator, or the owner of the stocks or equity shares who has provided the ground for such a violation by fixing a period of not more than six months.<Amended by Act No. 8867, Feb. 29, 2008>
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 Article 15 (License, etc. for Modification)   print
(1) In cases where any broadcasting business operator, CATV relay broadcasting business operator, CATV music broadcasting business operator or any electric sign board broadcasting business operator intends to modify the matters falling under any of the following subparagraphs, he/ she shall obtain a license for modification or approval for modification therefrom, or register the modification with the Korea Communications Commission. In such cases, the provisions of Article 9 (1), (2), (3), (5), (6), (8) and (10) shall apply mutatis mutandis to such procedures: <Amended by Act No. 6803, Dec. 18, 2002; Act No. 8867, Feb. 29, 2008>
1. Merger or division of the relevant corporation;
2. Conversion of the business run by an individual to the business of a corporation;
3. Deleted; <by Act No. 8060, Oct. 27, 2006>
4. Transfer of the business run by an individual;
5. A modification of broadcast fields;
6. A modification of the broadcasting zone;
7. Other modifications of important facilities prescribed by Presidential Decree.
(2) When any broadcasting business operator (excluding any program providing business operator) or any CATV relay broadcasting business operator alters the matters falling any of the following subparagraphs, he/she shall submit a report thereon without delay to the Korea Communications Commission: <Amended by Act No. 6803, Dec. 18, 2002; Act No. 8867, Feb. 29, 2008>
1. Representative;
2. Person in charge of broadcast programming (excluding any CATV relay broadcasting business operator);
3. Corporation name or firm name;
4. Location of principal office.
(3) When any program providing business operator, any CATV music broadcasting business operator or any electric sign board broadcasting business operator alters the matters falling under any of the following subparagraphs, he/she shall make a report thereon without delay to the Korea Communications Commission: <Amended by Act No. 6803, Dec. 18, 2002; Act No. 8867, Feb. 29, 2008>
1. Representative;
2. Person in charge of broadcast programming (limited to any program providing business operator);
3. Corporation name or firm name;
4. Location of principal office.
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 Article 15-2 (Modified Approval for Largest Investor, etc.)   print
(1) A person who intends to be the largest investor (referring to a person who has the most of the ratio of the voting stocks or equity shares by adding together the stocks or equity shares of the person himself who is the investor in the relevant business operator and of his specially related persons; hereinafter the same shall apply) of or to substantially control the management right of the relevant business operator through the acquirement, etc. of the stocks or equity shares of a broadcasting business operator or a CATV relay broadcasting business operator shall obtain approval of the Korea Communications Commission: Provided, That a person who intends to be the largest investor in or to substantially control the management right of a program providing business operator who is registered under the provisions of the main sentence of Article 9 (5) shall file a report thereon with the Korea Communications Commission. <Amended by Act No. 8867, Feb. 29, 2008>
(2) When the Korea Communications Commission intends to grant its approval under the provisions of the main sentence of paragraph (1), it shall examine the following matters: <Amended by Act No. 8867, Feb. 29, 2008>
1. Possibility of realization of the public responsibility, impartiality and public interest of broadcasting;
2. Social confidence and financial capacity;
3. Protection of the right and interest of viewers;
4. Other matters necessary for business performance.
(3) A person who has become the largest investor or a person who has come to substantially control the management right without obtaining approval under the provisions of the main sentence of paragraph (1) may not exercise his/her voting rights with respect to the stocks or equity shares acquired without obtaining approval, and the Korea Communications Commission may issue an order necessary for correction such as the disposition of the stocks or equity shares with respect to the person who has acquired the relevant stocks or equity shares by fixing a period not exceeding six months. <Amended by Act No. 8867, Feb. 29, 2008>
(4) The cases where a person has come to substantially control the management right under paragraphs (1) and (3), and matters necessary for the procedures for approval, report, etc. shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 8060, Oct. 27, 2006]
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 Article 16 (Valid Term of License and Approval)   print
The term of validity of license or approval for a CATV broadcasting business and a CATV relay broadcasting business licensed under the provisions to Article 9 (2), a program providing business approved under of the proviso to Article 9 (5), and a community radio broadcasting business licensed under Article 9 (11) shall be prescribed by Presidential Decree within seven years. <Amended by Act No. 9786, Jul. 31, 2009>
[This Article Wholly Amended by Act No. 8060, Oct. 27, 2006]
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 Article 17 (Renewed License, etc.)   print
(1) When a broadcasting business operator (excluding a program providing business operator) and a CATV relay broadcasting business operator intends to continue a broadcasting after expiration of the term of validity for license, he/she shall obtain renewed license from the Korea Communications Commission. <Amended by Act No. 8867, Feb. 29, 2008>
(2) When a program providing business operator who obtained approval under the proviso to Article 9 (5) intends to continue a broadcasting after expiration of the term of validity for approval, he/she shall obtain renewed approval of the Korea Communications Commission. <Amended by Act No. 8867, Feb. 29, 2008>
(3) When the Korea Communications Commission grants renewed license or renewed approval under the provisions of paragraphs (1) and (2), it shall evaluate the matters in each subparagraph of Article 10 (1) and each of the following subparagraphs, and publicly announce its results: <Amended by Act No. 8867, Feb. 29, 2008>
1. Evaluation of broadcast by the Korea Communications Commission;
2. Frequency of orders for correction by the Korea Communications Commission and examples of non-compliances with the said orders;
3. Evaluation of broadcast programs by the Viewers Committee;
4. Level of contributions to the development of local community;
5. Whether supporting plans are implemented for the development of broadcasting;
6. Whether other matters for compliance by broadcasting business operators at the time of license or approval are observed.
(4) The provisions of Article 10 (2) and (3) shall apply mutatis mutandis to renewed license under paragraph (1) or renewed approval under paragraph (2). <Amended by Act No. 8867, Feb. 29, 2008>
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 Article 18 (Revocation, etc. of License, Approval or Registration)   print
(1) When a broadcasting business operator, a CATV relay broadcasting business operator, a CATV music broadcasting business operator, an electric sign board broadcasting business operator, or a signal transmission network business operator falls under any of the following subparagraphs, the Korea Communications Commission may revoke license, approval or registration, or order the suspension of all or part of the relevant business or suspension of advertisement or reduction in the term of validity of license and approval under Article 16 within a fixed period not exceeding six months: Provided, That the foregoing shall not apply to cases where the representative of a corporation or the person in charge of broadcast programming, who falls under any subparagraph of Article 13 (3) is replaced with a new officer within three months: <Amended by Act No. 8568, Jul. 27, 2007; Act No. 8867, Feb. 29, 2008; Act No. 9786, Jul. 31, 2009>
1. Where license, modified license or renewed license is granted, or approval, modified approval or renewed approval is obtained, or registration or modified registration is filed by false or other illegal means;
2. Where stocks or equity shares are owned, in violation of the provisions of Article 8;
3. Where he/she falls under the grounds for disqualification under Article 13;
4. Where he/she receives an investment or a contribution of property, in violation of the provisions of Article 14;
5. Where he/she fails to commence broadcasting or the business within two years since the date when he has received license, obtained approval, or completed registration under this Act; 6.Where he/she fails to obtain modified license or approval or to file modified registration, in violation of Article 15 (1);
7. Where he/she fails to comply with orders to modify the standard contractual terms and conditions under Article 77 (2);
8. Where he/she fails to comply with orders, etc. to repair, improve or relocate the relevant facilities under Article 81;
9. Where he/she fails to comply with either corrective orders under Article 99 (1) or orders to improve the relevant facilities under paragraph (2) of the said Article;
10. Where he/she fails to comply with orders for disciplinary measures under Article 100 (1);
11. Where he/she fails to implement orders under Article 69-2 (5).
(2) Deleted. <by Act No. 8867, Feb. 29, 2008>
(3) Matters necessary for criteria and procedures, etc. for orders under paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 8568, Jul. 27, 2007; Act No. 9786, Jul. 31, 2009>
(4) Where revoking license, approval or registration in accordance with paragraph (1), the Korea Communications Commission may allow a relevant business operator to continue running broadcasting business for a designated period for up to 12 months until his/her successor commences the business as prescribed by Presidential Decree. <Newly Inserted by Act No. 9786, Jul. 31, 2009>
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 Article 19 (Disposition of Penalty Surcharge)   print
(1) The Korea Communications Commission may impose a penalty surcharge of 100 million won or less in lieu of the disposition of business suspension, where a broadcasting business operator, a CATV relay broadcasting business operator, a CATV music broadcasting business operator, an electric sign board broadcasting business operator or a signal transmission network business operator becomes subject to the disposition of business suspension falling under any subparagraph of Article 18 (1), and where such business suspension is likely to cause a serious inconvenience to viewers or to inflict harms to public interests. <Amended by Act No. 8867, Feb. 29, 2008>
(2) through (4) Deleted.<by Act No. 8060, Oct. 27, 2006>
CHAPTER III WORKING COMMITTEES, ETC. OF KOREA COMMUNICATIONS COMMISSION
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 Articles 20 through 30 Deleted.<by Act No. 8867, Feb. 29, 2008>   print
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 Article 31 (Broadcast Evaluation Committee)   print
(1) The Korea Communications Commission may comprehensively evaluate the contents, programming, operation, etc. of broadcast programs of a broadcasting business operator. <Amended by Act No. 8867, Feb. 29, 2008>
(2) The Korea Communications Commission may establish a Broadcast Evaluation Committee for an efficient performance of the evaluation duties under paragraph (1). <Amended by Act No. 8867, Feb. 29, 2008>
(3) Members of the Broadcast Evaluation Committee shall be commissioned by the chairman of the Korea Communications Commission upon the consent of the Korea Communications Commission, and matters necessary for its composition and operation shall be determined by the Korea Communications Commission's regulations. <Amended by Act No. 8867, Feb. 29, 2008>
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 Article 32 (Deliberation on Impartiality and Public Nature of Broadcast)   print
The Korea Communications Standards Commission shall deliberate on and pass a resolution as to whether the contents of a broadcast, a CATV relay broadcast and an electric sign board broadcast, or the contents of information similar to a broadcast and the information prescribed by Presidential Decree, from among the information circulated through telecommunication circuits aiming at opening to the public, maintain their impartiality and public nature, and as to whether they observe public responsibilities, after they are broadcasted or circulated. In such cases, the characteristics by medium and by channel shall be taken intoconsideration. <Amended by Act No. 8867, Feb. 29, 2008>
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 Article 33 (Deliberation Rules)   print
(1) In order to deliberate on the impartiality and public nature of broadcasts, the Korea Communications Standards Commission shall formulate and publicly announce the rules concerning deliberation on broadcasts (hereinafter referred to as "deliberation rules"). <Amended by Act No. 8867, Feb. 29, 2008>
(2) Deliberation rules under paragraph (1) shall include each of the following matters: <Amended by Act No. 8060, Oct. 27, 2006; Act No. 8867, Feb. 29, 2008; Act No. 9786, Jul. 31, 2009>
1. Matters concerning the maintenance of the democratic fundamental order referred to in the Constitution, and respect for human rights;
2. Matters concerning the protection of sound family lives;
3. Matters concerning protection of children and juveniles and sound character building;
4. Matters concerning public morals and social ethics;
5. Matters concerning gender equality;
6. Matters concerning the advancement of international friendship;
7. Matters concerning the advancement of rights and interests of classes alienated by the broadcasting such as disabled persons;
8. Matters concerning the promotion of national culture and the cultivation of national identity;
9. Matters concerning the impartiality and public nature of news reportsor commentaries;
10. Matters concerning the purification of the language;
11. Matters concerning protection of the natural environment;
12. Matters concerning sound consumption and protection of the rights and interests of viewers;
13. Matters concerning items or contents the commercial broadcast of which are prohibited under Acts and subordinate statutes;
14. Matters concerning impartiality and public interest of commercial broadcast;
15. Other matters concerning the deliberation duties of the Korea Communications Standards Commission under this Act.
(3) A broadcasting business operator shall classify and rate the broadcast programs by considering the degree of harmfulness of a broadcast program's violent nature, lewdness, etc., the age of viewers, and other factors and indicate it during the broadcast for the sake of protecting children and juveniles.
(4) The Korea Communications Standards Commission shall prescribe the rating criteria and other necessarymatters with regard to classifying and rating a broadcast program under paragraph (3) according to the Korea Communications Standards Commission's regulations, and publicly announce them. In such cases, the rating criteria may be graded in consideration of characteristics of the broadcast media and broadcast fields, etc. <Amended by Act No. 8867, Feb. 29, 2008>
(5) Where the Korea Communications Standards Commission judges that the rating of any broadcast program which is voluntarily assigned by a broadcasting business operator under paragraph (3) is not appropriate, it may require the relevant broadcasting business operator to adjust the rating classification of the pertinent broadcast program. <Newly Inserted by Act No. 8060, Oct. 27, 2006; Act No. 8867, Feb. 29, 2008>
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 Article 34 Deleted.<by Act No. 8867, Feb. 29, 2008>   print
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 Article 35 (Viewers' Rights Protection Committee)   print
(1) The Korea Communications Commission shall establish a Viewers' Rights Protection Committee for the convergence of the viewers' opinions on broadcasts and internet multimedia broadcasts as defined in subparagraph 1 of Article 2 of the Internet Multimedia Broadcast Services Act (hereinafter referred to as "internet multimedia broadcasts") and the efficient deliberation on the settlement of viewers' complaints and petition matters. <Amended by Act No. 8867, Feb. 29, 2008; Act No. 10856, Jul. 14, 2011>
(2) Members of the Viewers' Rights Protection Committee shall be commissioned by the chairman of the Korea Communications Commission upon the consent of the Korea Communications Commission. <Amended by Act No. 8867, Feb. 29, 2008; Act No. 10856, Jul. 14, 2011>
(3) Matters necessary for the composition and operation of the Viewers' Rights Protection Committee, the procedures for settlement of viewers' complaints, the mediation of disputes, etc. shall be prescribed by the Korea Communications Commission's regulations. <Amended by Act No. 8867, Feb. 29, 2008; Act No. 10856, Jul. 14, 2011>
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 Article 35-2 Deleted.<by Act No. 10165, Mar. 22, 2010>   print
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 Article 35-3 (Broadcasting Dispute Conciliation Committee)   print
(1) The Korea Communications Commission may establish a Broadcasting Dispute Conciliation Committee under its control in order to efficiently mediate disputes with regard to broadcasting arising between and among the broadcasting business operators, CATV relay broadcasting business operators, CATV music broadcasting business operators, electric signboard broadcasting business operators, signal transmission network business operators, internet multimedia broadcasting business operators as defined in subparagraph 5 of Article 2 of theInternet Multimedia Broadcast Services Act (hereinafter referred to as "internet multimedia broadcasting business operators"), and telecommunications business operators as defined in subparagraph 8 of Article 2 of the Telecommunications Business Act. <Amended by Act No. 8867, Feb. 29, 2008; Act No. 10856, Jul. 14, 2011>
(2) Members of the Broadcasting Dispute Conciliation Committee shall be commissioned by the chairman of the Korea Communications Commission upon the consent of the Korea Communications Commission. <Amended by Act No. 8867, Feb. 29, 2008>
(3) The conciliation of any dispute shall commence by an application of one party or both parties who are the party or parties to the dispute, and the establishment of conciliation shall have the same effect as a composition in court.
(4) Necessary matters for the organization and operation of the Broadcasting Dispute Conciliation Committee, the conciliation of disputes, etc. shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 8060, Oct. 27, 2006]
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 Article 35-4 (Media Diversity Promotion Committee)   print
(1) The Korea Communications Commission shall establish the Media Diversity Promotion Committee to secure diversity of public opinions in broadcasting.
(2) Members of the Media Diversity Promotion Committee shall be commissioned by the chairman of the Korea Communications Commission after a resolution of the Commission.
(3) The duties of the Media Diversity Promotion Committee shall be as described in each of the following subparagraph:
1. Investigating and calculating share of audience of each broadcasting business operator under Article 69-2;
2. Developing an aggregate impact indicator among media;
3. Conducting research and scientific research for promoting diversity of public opinions;
4. Other matters required to secure diversity of public opinions as prescribed by Presidential Decree.
(4) Development of aggregate impact indicator among media under paragraph (3) 2 shall be completed by December 31, 2012.
(5) Matters necessary for the composition, operation, etc. of the Media Diversity Promotion Committee shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 9786, Jul. 31, 2009]
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 Article 35-5 (Broadcasting Market Competition Evaluation Committee)   print
(1) The Korea Communications Commission shall establish a Broadcasting Market Competition Evaluation Committee to build the efficient competition structure of broadcasting markets (including internet multimedia broadcasts) and create an environment for fair competition in broadcasting markets.
(2) The Broadcasting Market Competition Evaluation Committee shall be comprised of nine members, who are commissioned by the chairman of the Korea Communications Commission with the consent of the Korea Communications Commission.
(3) The Broadcasting Market Competition Evaluation Committee may request any broadcasting business operator and internet multimedia business operator to submit materials necessary for evaluating the sate of competition pursuant to paragraph (1).
(4) The Korea Communications Commission shall conduct an annual evaluation of the sate of competition in broadcasting markets and report to the National Assembly the results thereof within three months of the completion of the evaluation.
(5) Detailed criteria, procedures and methods for evaluation of the state of competition, and necessary matters for the composition and operation of the Broadcasting Market Competition Evaluation Committee shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10856, Jul, 14, 2011]
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 Article 36 Deleted.<by Act No. 10165, Mar. 22, 2010>   print
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 Article 37 Deleted.<by Act No. 10165, Mar. 22, 2010>   print
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 Article 38 Deleted.<by Act No. 10165, Mar. 22, 2010>   print
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 Article 39 Deleted.<by Act No. 10165, Mar. 22, 2010>   print
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 Article 40 Deleted.<by Act No. 10165, Mar. 22, 2010>   print
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 Article 41 Deleted.<by Act No. 8867, Feb. 29, 2008>   print
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 Article 42 Deleted.<by Act No. 8867, Feb. 29, 2008>   print
CHAPTER III-2 REGIONAL BROADCASTING DEVELOPMENT COMMITTEE
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 Article 42-2 (Establishment of Regional Broadcasting Development Committee)   print
The Regional Broadcasting Development Committee shall be set up under the Korea Communications Commission with the aim of developing the regional broadcasting, strengthening the competitiveness of the contents of the regional broadcasting and improving its distribution structure. <Amended by Act No. 8867, Feb. 29, 2008>
[This Article Newly Inserted by Act No. 8301, Jan. 26, 2007]
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 Article 42-3 (Composition, etc. of Regional Broadcasting Development Committee)   print
(1) The Regional Broadcasting Development Committee shall be composed of 5 members including one chairman.
(2) The chairman shall be commissioned by the chairman of the Korea Communications Commission from among the members of the Korea Communications Commission. <Amended by Act No. 8867, Feb. 29, 2008>
(3) The members shall be commissioned by the chairman of the Korea Communications Commission from among the persons of expertise, high moral repute and experience in the development of regional communities and broadcasting, and one of its members shall be a member of the Korea Communications Commission and the remaining 3 members shall be each recommended by organizations that are recognized by the chairman of the Korea Communications Commission as being able to represent the regional broadcasting. <Amended by Act No. 8867, Feb. 29, 2008>
(4) The terms of office for the members shall be 3 years and may be recommissioned.
(5) When any member is vacated, his vacancy shall be filled by commissioning any other person pursuant to the provisions of paragraph (3) within 30 days from the date on which he is vacated. In this case, the term of office for the latter shall be the remainder of the term of office for his predecessor.
(6) Other necessary matters concerning the scope of the regional broadcasting and the operation, etc. of the Regional Broadcasting Development Committee shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 8301, Jan. 26, 2007]
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 Article 42-4 (Work of Regional Broadcasting Development Committee)   print
The Regional Broadcasting Development Committee shall perform the work falling under each of the following subparagraphs: <Amended by Act No. 8867, Feb. 29, 2008>
1. The deliberation on the policy steps for supporting the regional broadcasting development plan and the regional broadcasting;
2. The assessment of major policy steps for building a nationwide distribution infrastructure of the regional broadcasting;
3. The assessment of major policy steps for supporting the development of the regional broadcasting;
4. The education and research aimed at developing the regional broadcasting; and
5. Other matters that are put by the chairman of the Korea Communications Commission on its agenda or are necessary for the Regional Broadcasting Development Committee to attain its purposes.
[This Article Newly Inserted by Act No. 8301, Jan. 26, 2007]
CHAPTER IV KOREA BROADCASTING SYSTEM
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 Article 43 (Establishment, etc.)   print
(1) The Korean Broadcasting System (hereafter referred to as the "System" in this Chapter) shall be established as the State's key broadcasting in order to fix a fair and sound broadcast culture, and to efficiently implement the broadcasts for home and abroad.
(2) The System shall be a juristic person.
(3) The location of the System's principal office shall be prescribed by the articles of incorporation.
(4) The System may, in case where deemed necessary for carrying out its business, establish the regional broadcasting stations upon passage of a resolution by the board of directors.
(5) The System shall have a capital of three hundred billion won, and its entire amount shall be contributed by the Government.
(6) The time and method of payment of the capital under paragraph (5) shall be in accordance with a decision by the Minister of Strategy and Finance. <Amended by Act No. 8867, Feb. 29, 2008>
(7) The System shall come into existence by effecting the registration of incorporation at the location of its principal office.
(8) The registration of incorporation under paragraph (7), a registration of establishment of a regional broadcasting station, a registration of moving, a registration of modification, and other matters necessary fora registration of the System shall be prescribed by Presidential Decree.
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 Article 44 (Public Responsibility of System)   print
(1) The System shall bring into reality the objectives and public responsibility of broadcasting, and the impartiality and public interest nature of broadcasting.
(2) The System shall endeavor to offer the broadcast services of superior quality to the people having no concern with the region and circumstances.
(3) The System shall research and develop the new broadcast programs, broadcast services and broadcast technologies which may contribute to the public interest of the viewers.
(4) The System shall develop the broadcast programs, and broadcast them, which may promote the national culture and ensure a homogeneity of the nation, with the objects home and abroad.
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 Article 45 (Matters Stated in Articles of Incorporation)   print
(1) Matters of the following subparagraphs shall be stated in the articles of incorporation of the System:
1. Objectives;
2. Title;
3. Location of the principal office;
4. Matters concerning the organization of the System, and the chairperson of the board of directors, directors, executive organs and personnel;
5. Matters concerning the operation of the board of directors;
6. Matters concerning its duties and their execution;
7. Matters concerning the settlement of viewers' complaints and the protection of viewers;
8. Matters concerning a modification of the articles of incorporation;
9. Matters concerning the issue of bonds and the borrowing of funds;
10. Matters concerning the stocks or investment certificates;
11. Matters concerning the accounting such as disposition of profits and losses;
12. Matters concerning the method of public notification; and
13. Other matters as prescribed by Presidential Decree.
(2) When the System intends to modify the articles of incorporation, it shall obtain authorization of the Korea Communications Commission. <Amended by Act No. 8867, Feb. 29, 2008>
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 Article 46 (Establishment and Operation of Board of Directors)   print
(1) In order to guarantee the independence and public nature of the System, the System shall have a board of directors as the highest deliberative organ for decision making with regard to the management of the System.
(2) The board of directors shall be composed of eleven directors, including the chairman of the board of directors.
(3) The directors shall be recommended by the Korea Communications Commission in consideration of their typicality of different fields, and appointed by President. <Amended by Act No. 8867, Feb. 29, 2008>
(4) The chairman of the board of directors shall be elected by the board of directors by mutual vote.
(5) The directors, including the chairman of the board of directors, shall be nonpermanent.
(6) The chairman of the board of directors shall convene the board of directors, and preside over its meeting.
(7) The board of directors shall resolve by approval of a majority of the registered directors.
(8) When the chairman of the board of directors is unable to carry out his duties due to unavoidable reasons, another director shall act for him under the conditions as prescribed by the articles of incorporation.
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 Article 47 (Term of Directorship)   print
(1) The term of the office of a director shall be three years.
(2) If a vacancy occurs on the board, a substitute director shall be appointed under the provisions of Article 46 within thirty days since the occurrence of the vacancy, and the term of the substitute director shall be the remaining term of his predecessor.
(3) A director whose term expires shall carry out his duties until his successor is appointed.
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 Article 48 (Disqualification of Director)   print
A person falling under any of the following subparagraphs may not become a director of the System:
1. A person whose nationality is not of the Republic of Korea;
2. A member of a political party under the Political Parties Act; and
3. A person falling under any of subparagraphs of Article 33 of the State Public Officials Act.
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 Article 49 (Functions of Board of Directors)   print
(1) The board of directors shall deliberate on and resolve the matters falling under any of the following subparagraphs:
1. Matters concerning the public responsibility of the broadcasts conducted by the System;
2. Basic operational plans for the broadcasts conducted by the System;
3. Plans for budget and funds;
4. Use of reserve funds and a carrying forward of the budget;
5. Settlement of accounts;
6. Evaluation of management of the System, and its public announcement;
7. Proposal for the appointment of the president and auditor, and approval of the appointment of the vice president;
8. Establishment and closure of the regional broadcasting stations;
9. Acquisition and disposition of the permanent properties;
10. Borrowing of long term loans, and issuing of bonds and the plans for redemption;
11. Disposition of the profits and losses;
12. Contributions to other enterprises;
13. Modification of the articles of incorporations;
14. Formulation, amendment and abolition of the regulations as prescribed by the articles of incorporation; and
15. Other matters deemed as especially necessary by the board of directors.
(2) The board of directors may, in case where deemed as especially necessary, request the auditor to make an audit of the System.
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 Article 50 (Executive Organs)   print
(1) The System shall have, as its executive organ, one president, less than two vice presidents, less than eight managing directors, and one auditor.
(2) The president shall be appointed by President upon a proposal by the board of directors.
(3) When the board of directors makes a proposal for the president under the provisions of paragraph (2), it shall present the criteria for proposal and the grounds for it.
(4) The auditor shall be appointed by the Korea Communications Commission upon a proposal by the board of directors. <Amended by Act No. 8867, Feb. 29, 2008>
(5) The vice presidents and managing directors shall be appointed by the president: Provided, That approval of the board of directors shall be obtained in the case of the appointment of vice presidents.
(6) Provisions of Articles 47 and 48 concerning the directors shall apply mutatis mutandis to the term of office and the disqualification of executive organs.
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 Article 51 (Duties, etc. of Executive Organs)   print
(1) The president shall represent the System, exercise the overall control over the operation of the System, and assume the responsibility for the results of business management.
(2) When the president is unable to carry out his duties due to unavoidable reasons, a vice president shall act for him, and when the vice presidents are unable to carry out their duties due to unavoidable reasons, the person as prescribed by the articles of incorporation shall act for them.
(3) The president may, under the conditions as prescribed by the articles of incorporation, select and appoint, from among its personnel, an agent who has the authority to take all judicial or extra-judicial actions with regard to the System's business.
(4) The auditor shall audit the matters concerning the business and accounts of the System.
(5) The president and the auditor may appear before the board of directors, and make a statement of their opinions.
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 Article 52 (Appointment and Dismissal of Personnel)   print
The personnel of the System shall be appointed or dismissed by the president under the conditions as prescribed by the articles of incorporation.
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 Article 53 (Liability as Matter of Duties of Directors and Executive Organs and Personnel)   print
(1) The directors and the executive organs of the System shall be prohibited from performing any transaction with the System and the directors shall also be prohibited from being involved in any deliberation and any resolution of the matters of the board of directors, which are related to their own interests and the interests of persons with whom they have kinship relations provided for in the provisions of Article 777 of the Civil Act. <Newly Inserted by Act No. 8301, Jan. 26, 2007>
(2) The executive organs and personnel of the System may not engage in the duties aiming at profit-making in addition to their duties.
(3) The executive organs, personnel or the persons once engaged in the relevant duties shall not divulge or make fraudulent use of any secrets of the System which have come to their knowledge as a matter of duties.
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 Article 54 (Operations)   print
(1) The System shall attend to the business falling under any of the following subparagraphs:
1. Execution of radio broadcasts;
2. Execution of television broadcasts;
3. Execution of broadcasts through new broadcasting media such as a satellite broadcast;
4. Installation, operation and management of broadcasting facilities;
5. Execution of the overseas broadcasts required by the State (broadcasts aiming at the international friendship and the improvement of international understanding and the cultural and economic exchanges) and of the social education broadcasts (broadcasts aiming at the advancement of national homogeneity for the Korean residents in foreign countries);
6. Support for the transmission of broadcasts conducted by the Educational Broadcasting System under the Educational Broadcasting System Act;
7. Establishment and operation of an organization for the settlement of viewers' complaints and the protection of viewers;
8. Operation and management of the organizations attached to the System;
9. Implementation of the cultural broadcast events, and the international exchange of cultural broadcasts;
10. Survey, research and development concerning the broadcasting;
11. Profit-making projects incidental to the affairs under subparagraphs 1 through 10.
(2) The State may support the affairs falling under paragraph (1) 5 with subsidies.
(3) The System may, upon the passage of a resolution by the board of directors, contribute all or part of the relevant capital for the affairs falling under each subparagraph of paragraph (1), or for a corporation attending to the affairs similar to them.
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 Article 55 (Settlement of Accounts)   print
(1) The System's fiscal year shall be in accordance with the Government's fiscal year.
(2) Government Enterprise Budget Act shall apply mutatis mutandis to the standards and procedures, etc. for the settlement of accounts of the System. <Amended by Act No. 9280, Dec. 31, 2008>
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 Article 56 (Revenue Sources)   print
Expenses of the System shall be met by the television broadcast receiving fees under Article 64, but the revenues as prescribed by Presidential Decree such as the revenues from the commercial broadcasts may be appropriated if necessary for the proper accomplishment of the objective affairs.
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 Article 57 (Compilation of Budget)   print
(1) The System's budget shall be compiled by the president and confirmed by the passage of a resolution at the board of directors. The same shall apply to the cases where the budget is modified due to a modification in the operational plans occurring after the budget is confirmed or other unavoidable reasons.
(2) The president of the System may administer the budget in accordancewith the preceding year's budget in case where the budget is not confirmed not later than the commencement of fiscal year due to force majeure or other unavoidable reasons. In this case, the budget executed in accordance with the quasi-budget shall be considered to have been executed in accordance with the budget of current year.
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 Article 58 (Formulation of Operational Plans)   print
(1) The president of the System shall, in case where the budget is confirmed under Article 57, formulate without delay the operational plans in accordance with the budget of current year upon the passage of a resolution by the board of directors.
(2) The president of the System shall submit the operational plans for current year formulated under the provisions of paragraph (1) to the Korea Communications Commission within two months after the budget is confirmed. <Amended by Act No. 8867, Feb. 29, 2008>
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 Article 59 (Confirmation of Statement of Accounts)   print
(1) The president of the System shall submit the statement of accounts for the preceding fiscal year respectively to the Korea Communications Commission and the National Assembly not later than two months after the conclusion of each fiscal year, and confirm the settlement of accounts upon approval by the National Assembly, and make a public announcement thereof. <Amended by Act No. 8867, Feb. 29, 2008>
(2) The statement of accounts under paragraph (1) shall be accompanied by the documents falling under any of the following subparagraphs:
1. Financial statements and their attached documents; and
2. Other documents necessary for clarifying the content of the settlement of accounts.
(3) The Korea Communications Commission shall sum up the System's settlement of accounts confirmed under the provisions of paragraph (1), and submit it to the Board of Audit and Inspection by June 30. <Amended by Act No. 8867, Feb. 29, 2008>
(4) The Board of Audit and Inspection shall inspect the statement of accounts received under the provisions of paragraph (3), and forward the relevant results to the Korea Communications Commission not later than September 30. <Amended by Act No. 8867, Feb. 29, 2008>
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 Article 60 (Report of Acquisition, etc. of Real Estate)   print
The System shall, in case where it acquires or disposes of any real estate, or modifies the purpose at the time of its acquisition, report to the Korea Communications Commission thereon without delay. <Amended by Act No. 8867, Feb. 29, 2008>
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 Article 61 (Subsidies, etc.)   print
The State may subsidize part of the expenses required for the operation of the System, loan the financial funds, or accept the debentures of the System within the limit of the budget, under the conditions as prescribedby Presidential Decree.
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 Article 62 (Entrustment of Goods Purchase and Construction Contracts)   print
The president of the System may, in case where deemed necessary, entrust the Commissioner of the Supply Administration with the purchase of required materials or the conclusion of contracts for a construction of facilities.
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 Article 63 (Audit)   print
(1) Audits of the System shall be classified as internal audits and external audits.
(2) The auditor of the System shall conduct the internal audits pursuant to the provisions of the articles of incorporation.
(3) The Board of Audit and Inspection shall conduct the external audits of the System under the conditions as determined by the Board of Audit and Inspection Act.
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 Article 64 (Registration of Television Receivers and Payment of Receiving Fees)   print
Any person who possesses a television receiver (hereinafter referred to as "TV set") in order to receive television broadcasts shall register the TV set with the System, and pay a television broadcast receiving fee (hereinafter referred to as the "receiving fees") under the conditions as prescribed by Presidential Decree: Provided, That with regard to the TV sets as prescribed by Presidential Decree, their registration may be exempted, or all or part of the receiving fees may be exempted or reduced.
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 Article 65 (Determination of Receiving Fees)   print
The amount of receiving fees shall be fixed after a deliberation on it andthe passage of resolution by the board of directors, and obtaining approval of the National Assembly via the Korea Communications Commission, and the System shall impose and collect them. <Amended by Act No. 8867, Feb. 29, 2008>
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 Article 66 (Collection of Receiving Fees, etc.)   print
(1) The System shall, in collecting the receiving fees under the provisions of Article 65, and in case where a person liable to pay the receiving fees fails to pay them within the relevant payment period, collect an additional charge in the amount equivalent to the rate as prescribed by Presidential Decree within the limit of 5/100 of the relevant receiving fees.
(2) The System may impose and collect from any possessor of a TV set which is not registered under Article 64 a punitive surcharge equivalent to the receiving fees for one year.
(3) The System may, in collecting the receiving fees under Article 65,and the additional charge or the punitive surcharge under paragraphs (1) and (2), and in case where there exists any delinquency of payment, collect them in accordance with the examples of disposition on the national tax in arrears by obtaining approval of the Korea Communications Commission. <Amended by Act No. 8867, Feb. 29, 2008>
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 Article 67 (Entrustment of Registration of TV Sets and Collection)   print
(1) The System may entrust the Mayors/Do governors with the affairs of collecting the receiving fees under Article 66.
(2) The System may entrust the affairs of registering TV sets and of collecting the receiving fees to the manufacturer, distributor, importerdistributor of TV sets, or other persons designated by the System.
(3) In case where the System entrusts the affairs of collecting the receiving fees under the provisions of paragraphs (1) and (2), it shall pay the fees under the conditions as prescribed by Presidential Decree.
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 Article 68 (Use of Receiving Fees)   print
The System may use the receiving fees collected under the provisions of Articles 65 and 66 for the support as a revenue source to the Educational Broadcasting System under the Educational Broadcasting System Act under the conditions as prescribed by Presidential Decree.
CHAPTER V OPERATION, ETC. OF BROADCASTING BUSINESS
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 Article 69 (Programming, etc. of Broadcast Programs)   print
(1) A broadcasting business operator shall, in programming the broadcast programs, ensure that they will suit the purposes of impartiality, public nature, variety, balance, factualness, etc.
(2) A broadcasting business operator engaged in general programming shall ensure a well-balanced presentation of subject matters of each field such as politics, economy, society, and culture.
(3) A broadcasting business operator engaged in general programming shall, in programming the broadcast programs, include the broadcastprograms of news reports, culture and entertainment according to the standards as prescribed by Presidential Decree, and arrange the broadcast programs so as to secure mutual harmony among them. In such cases, there shall be no preponderancy of the broadcast programs in a specified broadcast field during the prime time zone as prescribed by Presidential Decree (hereinafter referred to as the "prime time zone").
(4) A broadcasting business operator engaged in the specialized programming shall arrange the broadcast programs according to the standards prescribed by Presidential Decree, so as to ensure the sufficient reflection of the principal broadcast fields, for which a license has been granted, approval obtained, or registration filed.
(5) The scope and types of broadcast programs, which a broadcasting business operator engaged in specialized programming may arrange incidentally other than in the main broadcast field for which he/she has obtained a license or approval, or has registered, shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 8060, Oct. 27, 2006>
(6) The Korean Broadcasting System, a broadcasting business operator under the Special Act, a broadcasting business operator financed by the Foundation for Broadcast Culture under the Foundation for Broadcast Culture Act, or a terrestrial broadcasting business operator who is not the one financed by a broadcasting business operator financed by the Foundation for Broadcast Culture, shall not arrange the production of a certain broadcasting business operator in excess of the ratio prescribed by Presidential Decree.
(7) The Korean Broadcasting System shall prepare for viewer participation programs directly produced by viewers under the conditions prescribed by Presidential Decree.
(8) Every broadcasting business operator shall make broadcasts using finger languages, closed caption subtitles, screen commentaries, etc. to assist viewing by disabled persons (hereinafter referred to as "broadcasting for disabled persons"), and the Korea Communications Commission may, if deemed necessary, wholly or partially subsidize relevant expenses from the Broadcasting Communications Development Fund under Article 24 of the Framework Act on Broadcasting Communications Development. <Amended by Act No. 6803, Dec. 18, 2002; Act No. 8867, Feb. 29, 2008; Act No. 10165, Mar. 22, 2010; Act No. 10856, Jul. 14, 2011>
(9) The scope of broadcasting business operators obligated to make broadcasts for disabled persons under paragraph (8), the types of broadcast programs subject to broadcasting for disabled persons, and matters necessary for the implementation thereof shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 10856, Jul. 14, 2011>
(10) Every community radio broadcasting business operator shall arrange listener participation programs in the rate not lower than that prescribed by Presidential Decree within the scope of 50/100 of the whole broadcast time of each month. <Newly Inserted by Act No. 8060, Oct. 27, 2006; Act No. 10856, Jul. 14, 2011>
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 Article 69-2 (Restrictions on Share of Audience)   print
(1) The share of audience of a broadcasting business operator (referring to the percentage occupied by viewing hours for specific programs, among total viewing hours of total television broadcasting; hereinafter the same shall apply) shall not exceed 30/100: Provided, That in cases where the Government or a local government has financed in whole, the same shall not apply.
(2) The share of audience of a broadcasting business operator under paragraph (1) shall be determined by summing up shares of audience of related parties (referring to the share of audience of specially related parties of the relevant broadcasting business operator or the share of audience of another broadcasting business operators, of which the relevant broadcasting business operator owns the stocks or equity shares; hereinafter the same shall apply) to the share of audience of the broadcasting business operator. In such cases, the share of audience of other broadcasting business operator may be calculated by applying different weight values, and in cases where a corporation running a daily newspaper business (including specially related parties) concurrently run broadcasting business or own stocks or equity shares, the subscription rate of the daily newspaper shall be converted into the share of audience at a certain ratio as prescribed by Presidential Decree, and added to the share of audience of the relevant broadcasting business operator.
(3) Necessary matters, such as detailed criteria and methods for calculating the share of audience under paragraphs (1) and (2) shall be determined by notification of the Korea Communications Commission following the deliberation of the Media Diversity Promotion Committee, as prescribed by Presidential Decree.
(4) The Korea Communications Commission shall reflect the share of audience calculated under paragraph (2) in reviewing a license and approval under Article 9, approval for modification under Article 15-2, renewal of license, etc. under Article 17, etc.
(5) The Korea Communications Commission may order the business operator whose share of audience exceeds that under paragraph (1) to take necessary measures, such as restrictions on broadcasting business ownership, restrictions on commercial broadcast hours, and partial transfer, of broadcast hours. In such cases, details concerning necessary measures to be taken shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 9786, Jun. 31, 2009]
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 Article 70 (Composition and Operation of Channels)   print
(1) A terrestrial broadcasting business operator, a CATV broadcasting business operator, and a satellite broadcasting business operator conducting digital multimedia broadcasting shall compose and operate the channels so as not to preponderate to a particular broadcast field but to realize variety under the conditions prescribed by Presidential Decree.<Amended by Act No. 7213, Mar. 22, 2004>
(2) A terrestrial broadcasting business operator, a CATV broadcasting business operator, and a satellite broadcasting business operatorconducting digital multimedia broadcasting may not directly use the broadcasting channels, or lease the channels to the specially related persons of the relevant broadcasting business operators or to specific program providing business operators, in excess of the scope prescribed by Presidential Decree. <Amended by Act No. 7213, Mar. 22, 2004>
(3) A CATV broadcasting business operator and a satellite broadcasting business operator (excluding a satellite broadcasting business operator conducting digital multimedia broadcasting) shall install the channels which may be used by the State for public purposes (hereinafter referred to as the "public channels") and the channels having a purpose of missionary work for religion, under the conditions prescribed by Presidential Decree. <Amended by Act No. 7213, Mar. 22, 2004>
(4) A CATV broadcasting business operator shall operate the local channels which produce, arrange and transmit the local information, a broadcast program guide and the official announcement items, etc. under the conditions as prescribed by Presidential Decree.
(5) A CATV relay broadcasting business operator may operate the official announcement channels which produce, arrange and transmit a broadcast program guide and the official announcement items, etc. pursuant to the provisions of the Korea Communications Commission's regulations: Provided, That in the case of official announcement channels, the matters concerning news reports, commentaries or advertisements shall not be transmitted. <Amended by Act No. 8867, Feb. 29, 2008>
(6) The scope of channels that can be operated by CATV relay broadcasting business operators shall be limited to the channels that are used to relay the broadcasting falling under each of the following subparagraphs (including any audio and video tape recording that do not result in changing the broadcasting programming): Provided, That the number
of total operational channels shall not exceed 31 channels and the audio and video tape recording channels shall not exceed 1/5 of the total operational channels: <Amended by Act No. 8301, Jan. 26, 2007; Act No. 8867, Feb. 29, 2008>
1. The terrestrial broadcasting (limited to television broadcasting);
2. The satellite broadcasting that is aired by the System and the Korea Educational Broadcasting System provided for in the Korea Educational Broadcasting System Act;
3. The broadcasting that is aired in use of public channels;
4. The broadcasting that is aired in use of public-interest channels provided for in the provisions of paragraph (8);
5. The broadcasting that is aired in use of channels that are operated for the purpose of missionary purposes of religions; and
6. The broadcasting that is aired by State organs, public corporations or non-profit corporations in use of the channels that are published by the Korea Communications Commission taking into account the public interest and social needs of the broadcasting field.
(7) A CATV broadcasting business operator and a satellite broadcasting business operator shall, in cases where the viewers request the broadcast of a program directly produced by them pursuant to the provisions of the Korea Communications Commission's regulations, broadcast it unless there is any special reason to the contrary. <Amended by Act No. 8867, Feb. 29, 2008; Act No. 10856, Jul. 14, 2011>
(8) Every CATV broadcasting business operator and every satellite broadcasting business operator (excluding any satellite broadcasting business operator who airs the digital multimedia broadcasting) shall operate the channels that belong to the broadcasting fields that are published by the Korea Communications Commission taking into account the public interest and social needs of the relevant broadcasting area (hereinafter referred to as the "public-interest channels"). In such cases, procedures and standards for selecting the public-interest channels, the scope of their operations and other necessary matters shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 8301, Jan. 26, 2007; Act No. 8867, Feb. 29, 2008>
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 Article 71 (Programming of Domestic Broadcast Programs)   print
(1) A broadcasting business operator shall program, among the total programs of the relevant channel, the home-made broadcast programs not less than the specified ratio, under the conditions as prescribed by Presidential Decree.
(2) A broadcasting business operator shall program, among the motion pictures, animations and popular music, which are broadcast annually, the motion pictures, animations and popular music which are produced in the country in more than the specified ratio under the conditions prescribed by Presidential Decree: Provided, That a terrestrial broadcasting business operator shall newly program the animations which are produced in the country, among the whole programs broadcast annually at the relevant channel, in more than the specified ratio under the conditions prescribed by Presidential Decree. <Amended by Act No. 7213, Mar. 22, 2004>
(3) A broadcasting business operator shall, in order to secure variety in the reception of international cultures, program the motion pictures, animations and popular music produced in one country in such a way as to keep them from exceeding a specified ratio, from among the motion pictures, animations and popular music imported from foreign countries, under the conditions as prescribed by Presidential Decree.
(4) The programming ratio under paragraphs (1) through (3) may be set at graduated levels in consideration of characteristics, etc. by broadcast media and by broadcast fields.
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 Article 72 (Programming of Externally Produced Broadcast Programs)   print
(1) A broadcasting business operator shall, among the entire broadcast programs of the relevant channels, program the broadcast programs produced domestically by persons other than the said operator (hereinafter referred to as the "externally produced broadcast programs") in excess of a specified ratio, under the conditions as prescribed by Presidential Decree.
(2) In programming the externally produced broadcast programs under paragraph (1), a broadcasting business operator shall program the broadcast programs produced by a specially related person so as not to exceed a specified ratio, under the conditions as prescribed by Presidential Decree.
(3) A broadcasting business operator engaged in general programming shall program the externally produced broadcast programs in its prime time zone in excess of a specified ratio, under the conditions as prescribed by Presidential Decree.
(4) The programming ratio of the externally produced broadcast programs under paragraph (1) may be set at graduated levels in consideration of the characteristics by broadcast media and by broadcast fields, etc.
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 Article 73 (Commercial Broadcasts, etc.)   print
(1) A broadcasting business operator shall clearly separate the commercial broadcasts from the broadcast programs so as to avoid any confusions, and shall, at the time for commercial broadcasts of and that for spot commercials before and after the broadcast program which is oriented to children as its main audience, inscribe captions clarifying it as a commercial without fail under the conditions prescribed by Presidential Decree so that children may distinguish broadcast programs from commercial broadcasts. <Amended by Act No. 8060, Oct. 27, 2006>
(2) Categories of commercial broadcasts shall be as follows and necessary matters concerning the scope of permission, time frame, frequencies, means, etc. of commercial broadcasts shall be prescribed by Presidential Decree: <Amended by Act No. 7498, May 18, 2005; Act No. 9786, Jul. 31, 2009>
1. Broadcasting program commercials: Commercials programmed to be aired before and after broadcasting programs (referring to the time ranging from the announcement of the sign-on title to the beginning of main broadcasting programs and from the ending of main broadcasting programs to the announcement of the sign-off title);
2. Interval commercials: Commercials programmed to be aired during the time when one broadcasting program is interrupted between the beginning of such broadcasting program and the ending of such broadcasting program;
3. Spot commercials: Commercials programmed to be aired between one broadcasting program and another broadcasting program;
4. Commercial captions: Commercials aired in the form of letters or pictures regardless of broadcasting programs;
5. Time announcement commercials: Commercials aired when the present time is announced;
6. Virtual commercial: Commercials that insert virtual images created using computer graphics in broadcast programs;
7. Indirect commercial: Commercials that utilize products in broadcast programs as props to be exposed.
(3) In cases of the broadcast engaged in a specialized programming for the product presentation and marketing, the contents of a broadcast for the presentation and marketing of the relevant products shall not be deemed a commercial broadcast.
(4) A broadcasting business operator and an electric sign board broadcasting business operator shall program the non-commercial public interest advertisements produced for the purpose of promoting the public interests in excess of a specified ratio prescribed by Presidential Decree.
(5) Every terrestrial broadcasting business operator (including any program provider who airs the terrestrial broadcasting in use of the channel after concluding a broadcasting channel use contract with any terrestrial broadcasting business operator) shall not conduct the commercial broadcasts except the commercial broadcast items entrusted by the Korean Broadcasting Advertising Corporation or a commercial broadcast marketing agency prescribed by Presidential Decree: Provided, That this shall not apply to the commercial broadcasts prescribed by Presidential Decree. <Amended by Act No. 8301, Jan. 26, 2007>
<This paragraph continues to apply by the time an amendment is made thereto up until December 31, 2009, pursuant to the decision of inconsistency with the Constitution by the Constitutional Court on November 27, 2008>
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 Article 74 (Announcement of Sponsors)   print
(1) A broadcasting business operator may make an announcement of sponsors within the limit prescribed by Presidential Decree.
(2) Matters necessary for the detailed standards, methods, etc. of the announcement of sponsors shall be determined by the Korea Communications Commission's regulations. <Amended by Act No. 8867, Feb. 29, 2008>
law view
 Article 75 Deleted.<by Act No. 10165, Mar. 22, 2010>   print
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 Article 76 (Supply of Broadcasting Programs and General Viewing and Listening Right, etc.)   print
(1) A broadcasting business operator shall, where it supplies broadcast programs to other broadcasting business operators, supply them at fair and reasonable market prices and without any discrimination.
(2) The Korea Communications Commission shall publish the sports games and other major events that are greatly popular with the people (hereinafter referred to as the "events that are greatly popular with the people, etc.") after going through the deliberation thereon by the General Viewing and Listening Right Guarantee Committee provided for in Article 76-2. In such cases, the Korea Communications Commission shall consider the opinions of the Minister of Culture, Sports and Tourism, broadcasting business operators and viewers and listeners. <Newly Inserted by Act No. 8301, Jan. 26, 2007; Act No. 8867, Feb. 29, 2008>
(3) Persons who hold the right to relay broadcasting for the events that are greatly popular with the people, etc. or their agents (hereinafter referred to as the "persons who hold the right to relay broadcasting, etc.") shall indiscriminately provide other broadcasting business operators with the right to relay the broadcasting for the events that are greatly popular with the people, etc. at fair and rational prices in order for the general people to watch and listen to them. <Newly Inserted by Act No. 8301, Jan. 26, 2007>
(4) Every broadcasting business operator may report in writing any act that is performed in violation of the provisions of paragraphs (1) and (3) to the Korea Communications Commission. <Newly Inserted by Act No. 8301, Jan. 26, 2007; Act No. 8867, Feb. 29, 2008>
(5) The Korea Communications Commission shall, upon receiving the written report referred to in paragraph (4), notify the result of how the written report is handled within 60 days from the date on which it receives the written report after going through the deliberation of the Broadcasting Dispute Conciliation Committee provided for in the provisions of Article 35-3. <Newly Inserted by Act No. 8301, Jan. 26, 2007; Act No. 8867, Feb. 29, 2008>
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 Article 76-2 (General Viewing and Listening Right Guarantee Committee)   print
(1) The General Viewing and Listening Right Guarantee Committee shall be established under the Korea Communications Commission in order to ensure the smooth performance of the work of publishing the events that are greatly popular with the people, etc. provided for in the provisions of Article 76 (2). <Amended by Act No. 8867, Feb. 29, 2008>(2)Not more than 7 members of the General Watching and Listening Right Guarantee Committee shall be commissioned by the chairman of the Korea Communications Commission after obtaining the consent of the Korea Communications Commission. <Amended by Act No. 8867, Feb. 29, 2008>
(3) Necessary matters concerning the composition and operation of the General Watching and Listening Right Guarantee Committee shall be prescribed by the Korea Communications Commission's regulations. <Amended by Act No. 8867, Feb. 29, 2008>
[This Article Newly Inserted by Act No. 8301, Jan. 26, 2007]
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 Article 76-3 (Measures Taken to Guarantee General Watching and Listening Right, etc.)   print
(1) Every broadcasting business operator and every person who hold the right to relay broadcasting, etc. shall abide by matters including prohibited acts, etc. that are prescribed by Presidential Decree in order to guarantee the general watching and listening right of the people provided for in the provisions of Article 76 (3).
(2) With respect to any broadcasting business operator and any person who holds the right to relay broadcasting, etc. who have violated the prohibited matters referred to in the provisions of paragraph (1), the Korea Communications Commission may order them to take necessary measures to discontinue their violations of the prohibited matters. In this case, the Korea Communications Commission shall give each of the relevant parties an opportunity to state his opinion during a fixed period before it orders them to take the corrective measures: Provided, That the same shall not apply to a case where the relevant parties fail to comply with the order without any justifiable grounds thereof. <Amended by Act No. 8867, Feb. 29, 2008>
(3) In case where it is deemed necessary to inspect the relation of fact to determine whether the prohibited matters referred to in the provisions of paragraph (1) are violated, the Korea Communications Commission may ask the relevant broadcasting business operator and the relevant person who holds the right to relay broadcasting, etc. to submit their materials under the conditions as prescribed by Presidential Decree or get the staff of its secretariat to enter the offices or the business places of the relevant broadcasting business operator and the relevant person who holds the right to relay broadcasting, etc. to check their business operations. <Amended by Act No. 8867, Feb. 29, 2008>
(4) When the relevant broadcasting business operator and the relevant person who holds the right to relay broadcasting, etc. fail to take necessary measures to discontinue their violations of the prohibited matters referred to in the provisions of paragraph (2) without any justifiable grounds thereof, the Korea Communications Commission may impose penalty charges to the relevant broadcasting business operator and the relevant person who holds the right to relay broadcasting, etc. within the limit of not exceeding the amount obtained by multiplying 5/100 by the total contract amount of the relevant right to relay broadcasting. <Amended by Act No. 8867, Feb. 29, 2008>
(5) The staff of the secretariat, who are assigned to conduct the check pursuant to the provisions of paragraph (3), shall carry their certificates showing their authority and produce them to persons concerned.
[This Article Newly Inserted by Act No. 8301, Jan. 26, 2007]
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 Article 76-4 (Recommendation to Conclusion of Joint Contract of Right to Relay Broadcasting)   print
The Korea Communications Commission may recommend broadcasting business operators and persons who hold the rights to relay broadcasting to conclude a joint contract for the right to relay broadcasting in order to guarantee the general watching and listening right for the events that are greatly popular with the people, etc. and prevent any excessive competition for securing the right to relay broadcasting. <Amended by Act No. 8867, Feb. 29, 2008>
[This Article Newly Inserted by Act No. 8301, Jan. 26, 2007]
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 Article 76-5 (Recommendation to Orderly Program Relay Broadcasting, etc.)   print
(1) Every broadcasting business operator shall work not to infringe on the rights and interests of the viewers when he exercises his right to relay broadcasting for the events that are greatly popular with the people, etc. due to his excessively duplicative broadcast programming and work to orderly program his broadcasting by channel and media.
(2) The Korea Communications Commission may recommend broadcasting business operators to orderly and efficiently program their broadcasting by channel and media referred to in the provisions of paragraph (1). <Amended by Act No. 8867, Feb. 29, 2008>
[This Article Newly Inserted by Act No. 8301, Jan. 26, 2007]
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 Article 77 (Approval of Standard Contractual Terms and Conditions for Pay Television)   print
(1) A broadcasting business operator, a CATV relay broadcasting business operator and a CATV music broadcasting business operator who intend to conduct the pay television shall set forth the standard contractual terms and conditions concerning the user fees and other conditions, and report thereon to the Korea Communications Commission, and obtain approval of the Korea Communications Commission for the user fees. The same shall apply to the case of any modification of the reported standard contractual terms and conditions or of the approved user fees. <Amended by Act No. 8867, Feb. 29, 2008>
(2) The Korea Communications Commission may, in case where it deems that the standard contractual terms and conditions under paragraph (1) are significantly unreasonable and hamper the viewers' interests, order a broadcasting business operator, a CATV relay broadcasting business operator and a CATV music broadcasting business operator to modify the relevant standard contractual terms and conditions, with fixing a considerable period. <Amended by Act No. 8867, Feb. 29, 2008>
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 Article 78 (Re-transmission)   print
(1) A CATV broadcasting business operator, a satellite broadcasting business operator (excluding a satellite broadcasting business operator conducting digital multimedia broadcasting) and a CATV relay broadcast-ing business operator shall receive the terrestrial broadcasts (excluding radio broadcasts) conducted by the Korean Broadcasting System and the Korea Educational Broadcasting System under the Korea Educational Broadcasting System Act, and simultaneously re-transmit the said broadcasts as they are without modifying them (hereinafter referred to as the "simultaneous re-transmission"): Provided, That this shall not apply to the case where the broadcasting zones of the relevant CATV broadcasting business operator and the CATV relay broadcasting business operator are not included in the broadcasting zone of the relevant broadcasting business operator conducting the terrestrial broadcasts. <Amended by Act No. 6690, Apr. 20, 2002; Act No. 7213, Mar. 22, 2004>
(2) Notwithstanding the provisions in the main sentence of paragraph (1), where a terrestrial broadcasting business operator under paragraph (1) operates several terrestrial broadcasting channels, the terrestrial broadcast to be simultaneously re-transmitted shall be limited to one terrestrial broadcast channel which the Korea Communications Commission appoints and publicly announces considering the contents, etc. of broadcast programming by terrestrial broadcasting business operators. <Newly Inserted by Act No. 6690, Apr. 20, 2002; Act No. 8867, Feb. 29, 2008>
(3) The provisions concerning the simultaneous relay broadcasting rights under Article 85 of the Copyright Act shall not be applicable to the case of the simultaneous re-transmission under paragraph (1). <Amended by Act No. 8101, Dec. 28, 2006>
(4) In case where a CATV broadcasting business operator and a CATVrelay broadcasting business operator intend to simultaneously re-transmitthe terrestrial broadcasts conducted by a terrestrial broadcasting business operator who is granted a license outside of the relevant broadcasting zone, or where a satellite broadcasting business operator intends tore-transmit a terrestrial broadcast other than the terrestrial broadcasts that are simultaneously re-transmitted under paragraphs (1) and (2), they shall obtain approval from the Korea Communications Commission.<Amended by Act No. 6690, Apr. 20, 2002; Act No. 8867, Feb. 29, 2008>
(5) Deleted. <by Act No. 8568, Jul. 27, 2007>
(6) Matters necessary for the types of re-transmission and the requirements, procedures, valid terms, etc. for approval under paragraph (4) shall be prescribed by Presidential Decree. <Amended by Act No. 6690, Apr. 20, 2002; Act No. 8060, Oct. 27, 2006; Act No. 8568, Jul. 27, 2007>
(7) A community radio broadcast business operator may re-transmit the broadcast programs of another community radio broadcast business operator within the scope prescribed by Presidential Decree. <Newly Inserted by Act No. 8060, Oct. 27, 2006>
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 Article 78-2 (Approval, etc. for Re-transmission to the Republic of Korea by Foreign Broadcasting Business Operator)   print
(1) When a foreign broadcasting business operator (referring to a foreigner who provides broadcasting services which are domestically received from broadcast transmission facilities in a foreign country or wireless facilities of a foreign artificial satellite, including a foreigner who may, in accordance with treaties, provide broadcasting services under this Act; hereinafter the same shall apply) intends to have other broadcasting business operators domestically re-transmit broadcasting services, he shall obtain approval from the Korea Communications Commission. In this case, the temporary relay transmission of a specific broadcast program, including that in which the standards provided for in Presidential Decree are satisfied, shall not be deemed to be such re-transmission. <Amended by Act No. 8867, Feb. 29, 2008>
(2) The Korea Communications Commission shall, in cases where it receives an application for approval from any foreign broadcasting business operator under paragraph (1), review the following matters on an overall basis: <Amended by Act No. 8867, Feb. 29, 2008>
1. Possibility of realizing the fairness and public nature of broadcasting;
2. Effects on domestic broadcasting and visual industry;
3. Extent of contribution to the development of domestic broadcasting and visual industry;
4. Cultural diversity and social needs;
5. Whether or not there is a domestic branch, office or agent and matters related to the rights and duties with respect to re-transmission delegated to the branch, office or agent by the said foreign broadcasting business operator;
6. Extent of contribution to the promotion of international friendship and mutual understanding;
7. Possibility that any broadcast content may constitute a violation of the deliberation rules referred to in Article 33 or any other Act such as the Criminal Act or the Copyright Act.
(3) Any foreign broadcasting business operator who obtains approval under paragraph (1) shall ensure that re-transmitted broadcast contents conform with the deliberation rules referred to in Article 33.
(4) The Korea Communications Commission may, when necessary to perform its duties, request any foreign broadcasting business operator (including his domestic branch, office or agent) to submit relevant materials. <Amended by Act No. 8867, Feb. 29, 2008>
(5) The Korea Communications Commission may revoke the approval
granted to any foreign broadcasting business operator under paragraph (1) in the following cases: <Amended by Act No. 8867, Feb. 29, 2008>
1. Where any broadcast content constitutes a violation of paragraph (3);
2. Where the conditions of approval are not fulfilled;
3. Where any broadcast content constitutes a violation of any other Act such as the Criminal Act or the Copyright Act.
(6) No person, other than a broadcasting business operator receiving and re-transmitting broadcasting services provided by a foreign broadcasting business operator who has obtained approval under paragraph (1), shall re-transmit programs provided by any other foreign broadcasting business operator.
(7) The scope of and standards for a broadcasting business operator's re-transmission of broadcasting services, provided by a foreign broadcasting business operator who has obtained approval under paragraph (1), shall be provided for in Presidential Decree.
(8) Matters necessary for the procedures, etc. for approval and revocation thereof under paragraphs (1) and (5) shall be provided for in Presidential Decree.
[This Article Newly Inserted by Act No. 8568, Jul. 27, 2007]
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 Article 79 (Technological Standards and Completion Inspection, etc. concerning CATV Broadcasting Station Facilities, etc.)   print
(1) The Korea Communications Commission shall set forth the matters concerning the installation and maintenance of CATV broadcasting station facilities (including a CATV broadcasting station and the facilities for conducting the CATV relay broadcasting or the CATV music broadcasting; hereinafter the same shall apply) and the technological standards necessary for a point of demarcation, etc. of signal transmission and line facilities (hereinafter referred to as "technological standards"), and make a public notification thereof. <Amended by Act No. 8867, Feb. 29, 2008>
(2) A CATV broadcasting business operator, a CATV relay broadcasting business operator, and a CATV music broadcasting business operator shall install the CATV broadcasting station facilities in accordance with the technological standards by the deadline prescribed by Presidential Decree, and undergo the completion inspection by the Korea Communications Commission. The same shall also apply to the case of any modifications of the installed CATV broadcasting station facilities. <Amended by Act No. 8867, Feb. 29, 2008>
(3) A CATV broadcasting business operator, a CATV relay broadcasting business operator, and a CATV music broadcasting business operator may install the signal transmission or line facilities by themselves, or use the signal transmission or line facilities of a signal transmission network business operator or the telecommunication facilities of a fundamental telecommunication business operator under the Telecommunications Business Act, and a CATV broadcasting business operator and a CATV relay broadcasting business operator may reciprocally use their signal transmission or line facilities. <Amended by Act No. 10166, Mar. 22, 2010>
(4) A CATV broadcasting business operator, a CATV relay broadcasting business operator and a CATV music broadcasting business operator may, where they are unable to install the CATV broadcasting station facilities by the deadline prescribed by Presidential Decree due to force majeure or other unavoidable grounds, request the Korea Communications Commission to extend the deadline for installation of facilities under the conditions prescribed by Presidential Decree. <Amended by Act No. 8867, Feb. 29, 2008>
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 Article 80 (Verification of Installation of Signal Transmission or Line Facilities)   print
When a CATV broadcasting business operator, a CATV relay broadcasting business operator and a CATV music broadcasting business operator install the signal transmission or line facilities by themselves, or when a signal transmission network business operator or a fundamental telecommunication business operator enters into a contract with a CATV broadcasting business operator or a CATV relay broadcasting business operator for the use of signal transmission or line facilities, their signal transmission or line facilities shall be installed in accordance with the technical standards, and verified by the Korea Communications Commission. This shall also apply where the installed signal transmission or line facilities are modified. <Amended by Act No. 8867, Feb. 29, 2008>
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 Article 81 (Orders, etc. for Improvement of Facilities)   print
Where the CATV broadcasting station facilities and the signal transmission or line facilities installed by a CATV broadcasting business operator, a CATV relay broadcasting business operator, a CATV music broadcasting business operator or a signal transmission network business operator fail to comply with the technological standards, the Korea Communications Commission may order repair, improvement or relocation of facilities or other required measures. <Amended by Act No. 8867, Feb. 29, 2008>
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 Article 82 (Use of Signal Transmission or Line Facilities)   print
A signal transmission network business operator shall establish the standard contractual terms and conditions concerning the use fees for signal transmission or line facilities and other using conditions as prescribed by Presidential Decree, and report thereon to the Korea Communications Commission. The same shall also apply when their modification is intended. <Amended by Act No. 8867, Feb. 29, 2008>
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 Article 83 (Recording and Preservation of Broadcast Contents)   print
(1) A broadcasting business operator, a CATV relay broadcasting business operator, an electric sign board broadcasting business operator and a CATV music broadcasting business operator shall record and keep the broadcast contents (including broadcast programs and commercial broadcast) in a broadcast log, and shall submit the results of conducting broadcasts to the Korea Communications Commission within one month after the broadcasting unless any special ground exists to the contrary. <Amended by Act No. 8867, Feb. 29, 2008; Act No. 9786, Jul. 31, 2009>
(2) A broadcasting business operator shall preserve the original or copy of the broadcast programs (including previews; hereinafter the same shall apply) and commercial broadcast broadcasted (excluding re-transmission) for six months after broadcasting. <Amended by Act No. 8060, Oct. 27, 2006; Act No. 9786, Jul. 31, 2009>
(3) Matters necessary for the recording of a broadcast log, the time for submission, etc. of the results of conducting broadcasts under paragraph (1) and the preservation, etc. of the original or a copy of the broadcast programs and commercial broadcast by business operators under paragraph (2) shall be determined by the Korea Communications Commission's regulations. <Amended by Act No. 8867, Feb. 29, 2008; Act No. 9786, Jul. 31, 2009>
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 Article 84 (Report of Closure, Suspension, etc. of Business)   print
(1) When a broadcasting business operator, a CATV relay broadcasting business operator, a CATV music broadcasting business operator or an electric sign board broadcasting business operator intends to close down or suspend the relevant business, he/she shall submit a report thereon to the Korea Communications Commission. <Amended by Act No. 8301, Jan. 26, 2007; Act No. 8867, Feb. 29, 2008>
(2) A broadcasting business operator, a CATV relay broadcasting business operator, and a CATV music broadcasting business operator may suspend the business only where unavoidable circumstances such as force majeure, etc. exist.
(3) Matters necessary for the procedures of reporting, etc. for the closedown and suspension of business under paragraphs (1) and (2) shall be determined by the Korea Communications Commission's regulations. <Amended by Act No. 8867, Feb. 29, 2008>
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 Article 85 (Exclusion from Application to Pay Television, etc. by Broadcast Program)   print
Articles 71 through 74 shall not apply to a broadcasting business operator engaged in the pay television by broadcast program. <Amended by Act No. 10165, Mar. 22, 2010>
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 Article 85-2 (Prohibited Acts)   print
(1) No broadcasting business operator, CATV relay broadcasting business operator, CATV music broadcasting business operator, electric sign board broadcasting business operator, or signal transmission network business operator (hereinafter referred to as "broadcasting business operator, etc.") shall engage in, or cause any other person to engage in, any of the following acts detrimental or likely to be detrimental to fair competition among the operators or to the interests of viewers (hereinafter referred to as "prohibited act"):
1. Refusing, interrupting or restricting access to the facilities indispensable for providing channels or programs or for rendering services by other broadcasting business operators, etc., or changing broadcast programming, without justifiable grounds;
2. Refusing, deferring or restricting the distribution of reasonable profits to other broadcasting business operators, etc.;
3. Unduly obstructing viewers' watching broadcasts of other broadcasting business operators, etc. or the conclusion of a service provision agreement by other broadcasting business operators, etc.;
4. Unduly discriminating viewers, thus resulting in the provision of a broadcasting service with noticeably favorable or unfavorable conditions in terms of fees or usage;
5. Providing a broadcasting service in contravention of the terms and condition for use of the service, or charging for a service in discordance with the service contract;
6. Unduly using viewers' personal information that has come to its knowledge in the course of providing a broadcasting service.
(2) When a broadcasting business operator, etc. engages in a prohibited act, the Korea Communications Commission may order such broadcasting business operator, etc. to stop engaging in the relevant prohibited act, delete or change the relevant provisions of the contract, publish the fact that it was ordered to take corrective action due to the commission of a prohibited act, or take other necessary corrective actions.
(3) When a broadcasting business operator, etc. engages in a prohibited act, the Korea Communications Commission may impose, in consultation with the Fair Trade Commission, a penalty surcharge within the limit of two percent of the sales proceeds as prescribed by Presidential Decree on such broadcasting business operator, etc.: Provided, That the Korea Communications Commission may impose a penalty surcharge not exceeding 500 million won where no sales proceeds accrue to the broadcasting business operator, etc. because such broadcasting business operator, etc. has not commenced its business or suspends its business, or it is hard to calculate the sales proceeds as prescribed by Presidential Decree.
(4) When necessary for investigating the facts as to whether a broadcasting business operator, etc. engages in a prohibited act, the Korea Communications Commission may request the relevant broadcasting business operator, etc. to submit materials, as prescribed by Presidential Decree.
(5) Necessary matters concerning the detailed types of and criteria for prohibited acts shall be prescribed by Presidential Decree.
(6) When the Korea Communications Commission has issued a corrective order under paragraph (2) or imposed a penalty surcharge under paragraph (3) in relation to an act of any broadcasting business operator, etc. who violates the provisions of paragraph (1), the Korea Communications Commission shall neither issue a corrective order nor impose a penalty surcharge under the Monopoly Regulation and Fair Trade Act, for the same act committed by the broadcasting business operator, etc. for the same reason.
[This Article Newly Inserted by Act No. 10856, Jul. 14, 2011]
CHAPTER VI PROTECTION OF RIGHTS AND INTERESTS OF VIEWERS
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 Article 86 (Self Review)   print
(1) A broadcasting business operator shall establish an organization which may review broadcast programs on a voluntary basis, and review broadcast programs (excluding broadcast programs concerning news reports) before they are broadcasted: Provided, That a community radio broadcasting business operator shall hold broadcasting evaluation meetings in which the audience of the coverage area participate, at least once a year.
(2) A broadcasting business operator shall not broadcast any commercial broadcast that includes any contents, such as fiction and exaggeration, which viewers may misperceive. <Newly Inserted by Act No. 9786, Jul. 31, 2009>
(3) A broadcasting business operator may review commercial broadcasts on its own before broadcasting them, or by entrusting broadcast institutions or agencies which reported to the Korea Communications Commission to conduct review. <Newly Inserted by Act No. 9786, Jul. 31, 2009>
[This Article Wholly Amended by Act No. 8060, Oct. 27, 2006]
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 Article 87 (Viewers' Committee)   print
(1) A broadcasting business operator engaged in general programming or specialized programming of news reports shall have a viewers' committee in order to protect viewers' rights and interests.
(2) A broadcasting business operator under paragraph (1) shall commission the members of viewers committee, from among the persons who may represent viewers of all walks of life, upon recommendation of the organizations determined by the Korea Communications Commission's regulations. <Amended by Act No. 8867, Feb. 29, 2008>
(3) Matters necessary for the composition and operation of a viewers' committee shall be prescribed by Presidential Decree.
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 Article 88 (Rights and Duties of Viewers' Committee)   print
(1) The rights and duties of a viewers' committee shall be as follows:
1. Presentation of opinions or request for correction on the broadcast programming;
2. Presentation of opinions or request for correction on the self review rules of a broadcasting business operator and the contents of broadcast programs;
3. Selection and appointment of viewer critics;
4. Other affairs concerning the protection of and relief for infringements on viewers' rights and interests.
(2) The representative of a viewers' committee may appear before the Korea Communications Commission, and make a statement of his/her opinions. <Amended by Act No. 8867, Feb. 29, 2008>
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 Article 89 (Viewers Evaluation Program)   print
(1) A broadcasting business operator engaged in general programming or specialized programming of news reports shall converge the opinions of viewers on the broadcasting operation and broadcast programs of the relevant broadcasting business operator, and compile a viewers evaluation program in excess of 60 minutes per week.
(2) One viewer critic selected and appointed by the viewers' committee may appear in the viewers evaluation program in person, and make a statement of opinions.
(3) The Korea Communications Commission may, from the Fund for Broadcasting Communications Development under Article 24 of the Framework Act on Broadcasting Communications Development, support viewer critics with expenses for a smooth performance of their duties. <Amended by Act No. 8867, Feb. 29, 2008; Act No. 10165, Mar. 22, 2010>
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 Article 90 (Liability of Broadcasting Business Operator)   print
(1) A broadcasting business operator engaged in general programming or specialized programming of news reports shall, where he/she receives a presentation of opinions or a request for correction from the viewers committee under Article 88 (1) 1 and 2, comply with it unless there exist any special reasons.
(2) The viewers committee may, in case where a broadcasting business operator unreasonably refuses to comply with a presentation of opinions or a request for correction made by it, request the Korea Communications Commission for a settlement of viewers' complaint. <Amended by Act No. 8867, Feb. 29, 2008>
(3) A broadcasting business operator engaged in general programming or specialized programming of news reports shall, in case where the viewers committee requests a submission of data or an appearance and replies by a relevant party, which are necessary for carrying out its duties under each subparagraph of Article 88 (1), comply with it unless there exist any special reasons.
(4) A broadcasting business operator engaged in general programming or specialized programming of news reports shall report the results of a review by the viewers committee and the matters concerning their settlements to the Korea Communications Commission. <Amended by Act No. 8867, Feb. 29, 2008>
(5) A broadcasting business operator engaged in general programming or specialized programming of news reports shall, under the conditions as prescribed by Presidential Decree, disclose the information concerning the broadcasting business requested by the viewers.
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 Article 91 Deleted.<by Act No. 7370, Jan. 27, 2005>   print
CHAPTER VII SUPPORT FOR DEVELOPMENT OF BROADCASTING
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 Article 92 (Support for Development of Broadcasting)   print
(1) The Government shall have the variety of broadcasts equally enjoyed by the people, and endeavor for the development and promotion of the broadcasting culture.
(2) The Minister of Culture, Sport and Tourism shall devise and implement the policies required for the advancement of broadcasting and image industries. <Amended by Act No. 8867, Feb. 29, 2008>
(3) The Korea Communications Commission shall devise and implement the policies required for the broadcasting technologies and facilities. <Amended by Act No. 8867, Feb. 29, 2008>
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 Article 93 (Storage and Utilization of Broadcast Programs)   print
The broadcasting business operators may jointly establish and operate a depository of broadcast programs for the efficient collection, storage, distribution and utilization, etc. of the broadcast programs.
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 Article 94 (Fostering, etc. of Broadcasting Professionals)   print
The Government may devise the policies required for the support, etc. of the professional training institutions and broadcast-related curricula, etc. in order to foster the broadcasting professionals.
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 Article 95 (Creation and Support of Broadcast Production Complex)   print
(1) The Government may, in case where the broadcasting business operators jointly create a broadcast production complex, provide the re-quired supports.
(2) The Government may have a broadcast production complex under paragraph (1) linked and operated with an information and communication complex or image production complex.
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 Article 96 (Support for Distribution, etc. of Broadcast Programs)   print
(1) The Minister of Culture, Sport and Tourism may provide supports so as to allow the cinematographic works such as image and video to be produced as the broadcast programs, and be distributed, utilized or exported in multi-phases by broadcast media. <Amended by Act No. 8867, Feb. 29, 2008>
(2) The Korea Communications Commission may provide supportsso as to bring about the acceleration of development, utilization and export of the broadcasting technologies and facilities. <Amended by Act No. 8867, Feb. 29, 2008>
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 Article 97 (International Cooperation of Broadcasting)   print
The Government or the Korea Communications Commission may provide supports for the projects which may accelerate the international cooperations such as international exchanges, joint production of broadcast programs, mutualexchanges of broadcasting professionals, and joint development of broadcasting technologies with the broadcast-related institutions and organizations of foreign countries. <Amended by Act No. 8867, Feb. 29, 2008>
CHAPTER VIII SUPPLEMENTARY PROVISIONS
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 Article 98 (Submission of Data)   print
(1) The Government or the Korea Communications Commission may, in cases where necessary for carrying out its affairs, request a broadcasting business operator, a CATV relay broadcasting business operator, an electric sign board broadcasting business operator, a CATV music broadcasting business operator or a signal transmission network business operator, to submit the related data. <Amended by Act No. 8867, Feb. 29, 2008>
(2) A broadcasting business operator shall submit the status of assets of the relevant corporation at the end of every year to the Korea Communications Commission, and the said Commission shall make a public announcement thereof. <Amended by Act No. 8867, Feb. 29, 2008>
(3) The Korea Communications Commission may request relevant individuals, corporations, organizations or institutions to submit documents necessary to conduct research on or determine viewer rate, share of audience, etc.<Newly Inserted by Act No. 9786, Jul. 31, 2009>
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 Article 99 (Corrective Orders, etc.)   print
(1) The Korea Communications Commission may issue an order for correction in cases where a broadcasting business operator, a CATV relay broadcasting business operator, an electric signboard broadcasting business operator or a CATV music broadcasting business operator falls under any of the following subparagraphs: <Amended by Act No. 8568, Jul. 27, 2007; Act No. 8867, Feb. 29, 2008>
1. Where viewers' interest is deemed substantially obstructed, including the suspension of broadcasting without any justifiable reason; or
2. Where this Act, the conditions of a license or approval, or the registration requirements are deemed violated.
(2) The Korea Communications Commission may issue an order for the improvement of facilities, when it is deemed that the facilities installed by a broadcasting business operator (excluding a program providing business operator), a signal transmission network business operator, a CATV relay broadcasting business operator or a CATV music broadcasting business operator are in violation of this Act, the conditions of a license or the registration requirements. <Amended by Act No. 8867, Feb. 29, 2008>
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 Article 100 (Disciplinary Measures, etc.)   print
(1) Where a broadcasting business operator, a CATV relay broadcasting business operator, or an electric sign board broadcasting business operator violates the deliberation rules under Article 33 and the regulations for announcement of sponsors under Article 74 (2), the Korea Communications Commission may impose penalties less than 50 million won, or order a disciplinary measure falling under any of the following subparagraphs. The same shall also apply, if deemed necessary for taking a disciplinary measure as a result of the settlement of viewers' complaints under Article 35: Provided, That where it does not reach to the degree requiring an order for a disciplinary measure as the violation of the deliberation rules, etc. is minor, the Korea Communications Commission may advise or suggest its opinions to the relevant business operator, or the person in charge of or related to the relevant broadcast program or relevant commercial broadcast: <Amended by Act No. 8060, Oct. 27, 2006; Act No. 8867, Feb. 29, 2008; Act No. 9786, Jul. 31, 2009>
1. An apology to viewers;
2. A correction, amendment or suspension of the relevant broadcast program or relevant commercial broadcast;
3. A disciplinary action against the person in charge of broadcast programming or the person related to the relevant broadcast program or relevant commercial broadcast;
4. A caution or warning.
(2) Where the disciplinary measure under paragraph (1) is taken due to a person cast for the relevant broadcast program, the relevant broadcasting business operator shall take an appropriate measure such as a warning, restrictions on casting for the relevant broadcasting program. <Newly Inserted by Act No. 8060, Oct. 27, 2006>
(3) Only in any case falling under any of the following subparagraphs deemed serious in the degree of violation, notwithstanding the provisions of paragraph (1), the Korea Communications Commission may, impose a penalty surcharge amounting 100 million won or less: <Newly Inserted by Act No. 8060, Oct. 27, 2006; Act No. 8867, Feb. 29, 2008>
1. Where the deliberation rules on lewdness, decadence, violence, etc. have been violated;
2. Where the deliberation rules have been violated due to the internal use, administration and inhalation of narcotics, etc. under subparagraph 1 of Article 2 of the Act on the Control of Narcotics, etc., appearance on stage while intoxicated, etc.;
3. Where the deliberation rules have been violated repeatedly due to the same reason under the conditions prescribed by Presidential Decree although a disciplinary measure was taken under paragraph (1) 1 through 3.
(4) Upon receipt of imposition of penalties or orders for disciplinary measures under paragraph (1) or (3), a broadcasting business operator, a CATV relay broadcasting business operator, and an electric sign board broadcasting business operator shall broadcast without delay the full text of the matters decided by the Korea Communications Commission with regard to the content of the relevant order, and implement orders for disciplinary measures within seven days since the date when such orders were received, and report the outcome of such an implementation to the Korea Communications Commission. <Amended by Act No. 8867, Feb. 29, 2008; Act No. 9786, Jul. 31, 2009>
(5) When the Korea Communications Commission intends to impose penalties or order a disciplinary measure under paragraphs (1) through (3), it shall provide in advance the party concerned or his/her agent with an opportunity to state his/her opinions: Provided, That this shall not apply when the party concerned or his agent fails to respond to it without any justifiable reason. <Amended by Act No. 8867, Feb. 29, 2008; Act No. 9786, Jul. 31, 2009>
(6) A person dissatisfied with a disciplinary measure under paragraphs (1) and (3) may request for a review to the Korea Communications Commission within 30 days since the date when imposition of penalties or the order of relevant disciplinary measures was received. <Amended by Act No. 8867, Feb. 29, 2008; Act No. 9786, Jul. 31, 2009>
(7) The Korea Communications Commission shall notify the party concernedor his/her agent of the result of a review by the said Commission under paragraph (6).<Amended by Act No. 8060, Oct. 27, 2006; Act No. 8867, Feb. 29, 2008>
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 Article 101 (Hearings)   print
The Korea Communications Commission shall hold a hearing in cases falling under any of the following subparagraphs:<Amended by Act No. 8568, Jul. 27, 2007; Act No. 8867, Feb. 29, 2008>
1. Where a renewed license or renewed approval under Article 17 is refused;
2. Where a license, approval or registration under Article 18 is revoked;
3. Where approval is revoked under Article 78-2 (5).
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 Article 102 (Fees)   print
A person who applies for license, approval, registration, modified license, modified approval, modified registration, renewed license, renewed approval under this Act, or who intends to undergo a completion inspection of CATV broadcasting station facilities and signal transmission or line facilities, shall pay fees as prescribed by Presidential Decree.
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 Article 103 (Delegation or Entrustment of Authority)   print
The authority of the Korea Communications Commission under this Act may be delegated, in part, to the Mayors/Do Governors, the head of agencies belonging to the Korea Communications Commission or the Commissioners of the Communications Offices, or entrusted to the Korea Radio Promotion Agency under the Radio Waves Act, under the conditions prescribed by Presidential Decree.<Amended by Act No. 7815, Dec. 30, 2005; Act No. 8867, Feb. 29, 2008>
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 Article 104 (Legal Fictions as Public Officials in Application of Penal Provisions)   print
Persons engaged in the affairs entrusted under Article 103 shall be deemed public officials in applying the penal provisions under the Criminal Act or other Acts.
[This Article Wholly Amended by Act No. 8867, Feb. 29, 2008]
CHAPTER IX PENAL PROVISIONS
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 Article 105 (Penal Provisions)   print
A person falling under any of the following subparagraphs shall be subject to imprisonment for not more than two years or a fine not exceeding 30 million won:
1. A person who regulates or interferes with the broadcast programming, in violation of Article 4 (2);
2. A person who receives license or renewed license, or obtains approval or renewed approval, or registers under Article 9 or 17 by false or other illegal means, and conducts a broadcasting business, a CATV relay broadcasting business, a CATV music broadcasting business, an electric sign board broadcasting business or a signal transmission network business;
3. A person who conducts broadcasting business, CATV relay broadcasting business, CATV music broadcasting business, electric sign board broadcasting business or signal transmission network business, without receiving license or renewed license, obtaining approval or renewed approval, or registering under Article 9 or 17.
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 Article 106 (Penal Provisions)   print
(1) A person falling under any of the following subparagraphs shall be punished by imprisonment for not more than one year or a fine not exceeding 30 million won: <Amended by Act No. 7213, Mar. 22, 2004; Act No. 8060, Oct. 27, 2006; Act No. 9786, Jul. 31, 2009>
1. A person who fails to establish or publicly announce a covenant on broadcast programming, in violation of Article 4 (4);
2. A person who violates corrective orders under Article 8 (13);
3. A person who violates corrective orders under Article 14 (6);
4. A person who receives modified license, obtains modified approval, or makes modified registration under Article 15 (1) by false or other illegal means;
5. A person who fails to receive modified license, obtain modified approval, or make modified registration under Article 15 (1);
6. A person who violates corrective orders under Article 15-2 (3).
(2) A person falling under any of the following subparagraphs shall be punished by a fine not exceeding 30 million won: <Amended by Act No. 8301, Jan. 26, 2007; Act No. 8867, Feb. 29, 2008>
1. A person who divulges or makes a fraudulent use of confidential information of the System in performing his/her duties, in violation of Article 53 (3);
2. A person who fails to comply with an order of disciplinary measures by the Korea Communications Commission under Article 100 (1).
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 Article 107 (Joint Penal Provision)   print
Where a representative of a corporation or an agent, employee or other servant of a corporation or individual commits an offence under Article 105 or 106 in connection with the business of the corporation or individual, in addition to the punishment of such offender, the corporation or individual shall be punished by a fine under each relevant Article: Provided, That the same shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violation.
[This Article Wholly Amended by Act No. 10363, Jun. 8, 2010]
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 Article 108 (Fines for Negligence)   print
(1) A person falling under any of the following subparagraphs shall be punished by a fine for negligence not exceeding 30 million won:<Amended by Act No. 6690, Apr. 20, 2002; Act No. 7213, Mar. 22, 2004; Act No. 7498, May 18, 2005; Act No. 8060, Oct. 27, 2006; Act No. 8568, Jul. 27, 2007; Act No. 8867, Feb. 29, 2008; Act No. 9786, Jul. 31, 2009; Act No. 10856, Jul. 14, 2011>
1. A person who fails to make a public announcement of the name of the person in charge of broadcast programming not less than once a day during the broadcasting hours, in violation of Article 4 (3);
2. A person who fails to report as prescribed in Article 15 (2) and (3);
2-2. A person who fails to report under the proviso to Article 15-2 (1);
2-3. Deleted; <by Act No. 9786, Jul. 31, 2009>
3. A person who fails to indicate the rating of a broadcast program, in violation of Article 33 (3);
3-2. A person who fails to submit materials under Article 35-5 (3);
4. A person who compiles the broadcasts, in violation of Article 69 (3) through (6);
5. A person who organizes and operates channels, in violation of Article 70 (1) through (4);
6. A person who operates channels, in violation of the proviso to Article 70 (5), or who operates channels, in violation of Presidential Decree prescribed in paragraph (6) of the same Article;
7. A person who fails to broadcast the broadcast programs produced by viewers themselves, in violation of Article 70 (7), without any special ground;
8. A person who compiles broadcast programs, in violation of Article 71 (1) through (3);
9. A person who compiles broadcast programs, in violation of the programming ratio under Article 72 (1) through (3);
10. A person who conducts commercial broadcasts, in violation of Article 73 (1), (2), (4) or (5);
11. A person who makes an announcement of sponsors, in violation of Article 74 (1) and (2);
11-2. Deleted; <by Act No. 10165, Mar. 22, 2010>
12. A person who conducts pay broadcasts without submitting a report or a modified report on the standard contractual terms and conditions, or without obtaining approval or modified approval, in violation of Article 77 (1);
13. A person who fails to simultaneously re-transmit, in violation of Article 78 (1);
14. A person who makes re-transmission, in violation of Article 78 (4) and a person who installs and operates facilities for broadcasting by entrustment of a broadcasting business operator and who makes the re-transmission possible, constituting a violation of Article 78 (4);
14-2. A foreign broadcasting business operator described in any of the following:
(a) A person who makes re-transmission without approval, in violation of Article 78-2 (1);
(b) A person who makes re-transmission, in violation of Article 78-2 (3);
(c) A person who fails to comply with a request for submission of materials under Article 78-2 (4) or who submits false materials;
14-3. A person who makes re-transmission, in violation of Article 78-2 (6) or who violates the scope of and standards for re-transmission under paragraph (7) of the same Article;
15. A person who fails to undergo a completion inspection or a verification, in violation of Article 79 (2) or 80;
16. A person who conducts signal transmission network business without submitting a report or a modified report on the standard contractual terms and conditions, in violation of Article 82;
17. A person who fails to record a broadcast log under Article 83 (1) or records it by falsity, or a person who fails to submit the results of conducting a broadcast;
18. A person who fails to preserve the original or a copy of a broadcast program and commercial broadcast, in violation of Article 83 (2);
19. A person who closes down or suspends the business without reporting under Article 84 (1);
19-2. A person who refuses to submit materials, in violation of Article 85-2 (4), or submits false materials;
20. A person who fails to establish an organization for self-review or fails to deliberate on the broadcast programs, in violation of Article 86 (1), or a person who broadcast any commercial broadcast which includes contents, such as fiction and exaggeration, which viewers may misperceive, in violation of paragraph (2) of the same Article;
21. A person who fails to establish a viewers' committee, in violation of Article 87 (1);
22. A person who fails to compile a viewers evaluation program, in violation of Article 89 (1);
23. A person who refuses a request for submission of necessary data or an appearance and replies by a relevant party, in violation of Article 90 (3);
24. A person who fails to report to the Korea Communications Commission on the results of a review by a viewers' committee and their settlements, in violation of Article 90 (4);
25. Deleted; <by Act No. 7370, Jan. 27, 2005>
25-2. A person who fails to submit data, in violation of Article 98 (1), or who submits false data;
25-3. A person who fails to submit documents under Article 98 (3) or false documents;
26. A person who fails to submit the status of assets, in violation of Article 98 (2), or who submits false status of assets;
26-2. A person who fails to take a measure such as a warning and a restriction on appearance on stage with respect to a broadcasting performer who has violated Article 100 (2);
27. A person who fails to broadcast the full text of the matters decided by the Korea Communications Commission or to report the outcome thereof to the Korea Communications Commission, in violation of Article 100 (4).
(2) The Korea Communications Commission (hereinafter referred to as the "imposing authority")shall impose and collect fines for negligence under paragraph (1) as prescribed by Presidential Decree. <Amended by Act No. 8867, Feb. 29, 2008>
(3) A person dissatisfied with the disposition by a fine for negligence under paragraph (2) may raise an objection to the imposing authority within 30 days since the date when he/she received a notice of the relevant disposition. <Amended by Act No. 8867, Feb. 29, 2008>
(4) When a person who was subjected to the disposition by a fine for negligence under paragraph (2) raises an objection under paragraph (3), the imposing authority shall, without delay, notify the competent court, which, in turn, shall proceed to a trial on fines for negligence pursuant to the Non-Contentious Case Litigation Procedure Act. <Amended by Act No. 8867, Feb. 29, 2008>
(5) When neither an objection is raised nor a fine for negligence paid within a period prescribed under paragraph (3), it shall be collected in accordance with the practices of dispositions on default of national tax.
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 Article 109 (Imposition and Collection of Penalty Surcharges)   print
(1) The Korea Communications Commission shall take into account the matters falling under each of the following subparagraphs when he/she imposes penalty surcharges under the provisions of this Act: <Amended by Act No. 8867, Feb. 29, 2008>
1. The contents and extent of the offense;
2. The duration and frequency of the offense;
3. The scale, etc. of gains acquired from the offense.
(2) Where any broadcasting business operator that has violated the provisions of this Act has merged, the Korea Communications Commission may impose and collect penalty surcharges by deeming the offense committed by the relevant juridical person to be an act performed by the juridical person existing after the merger or established by the merger. <Amended by Act No. 8867, Feb. 29, 2008>
(3) Where the relevant broadcasting business operator who has been imposed penalty surcharges is divided, or divided and merged (including cases where division, or division and merger is executed on the date of imposition), the juridical persons falling under each of the following subparagraphs shall be jointly responsible to pay the said penalty surcharges:
1. The juridical person which is divided;
2. The juridical person established from division, or division and merger;
3. Where a part of the company which is divided merges with another company and such another company continues to exist, such another juridical person.
(4) Where any broadcasting business operator that has been imposed penalty surcharges is dissolved due to a division, or division and merger (including cases where it is dissolved on the date of imposition), the juridical persons falling under each of the following subparagraphs shall be jointly responsible to pay the said penalty surcharge:
1. The juridical person established from the division, or division and merger;
2. Where a part of the juridical person which is divided merges with another juridical person and such juridical person continues to exist, such juridical person.
(5) When any obligor for payment of penalty surcharges fails to pay the penalty surcharges within the time limit of payment, the Korea Communications Commission shall urge the said obligor for payment by fixing a period, and when the said obligor fails to pay the penalty surcharges within the fixed period, it of he may collect the penalty surcharges by referring to the examples of dispositions on national taxes in arrears. <Amended by Act No. 8867, Feb. 29, 2008>
(6) Necessary matters regarding the standards for imposition of penalty surcharges and the collection of penalty surcharges under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 8060, Oct. 27, 2006]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation, but Article 4 (2) of the Addenda shall enter into force on the date of its promulgation.
Article 2 (Repeal of other Acts)
The Acts referred to in the following subparagraphs shall be repealed:
1. Broadcasting Act;
2. Composite Cable Broadcasting Act;
3. Korean Broadcasting System Act; and
4. Management of Cable Broadcasting Act.
Article 3 (Transitional Measures concerning Korean Broadcasting Commission, etc.)
(1) The Korean Broadcasting Commission as prescribed in Article 20 of this Act shall be composed not later than 30 days before this Act enters into force.
(2) In cases where the Korean Broadcasting Commission under this Act is composed, the Broadcast Committee under the previous Broadcasting Act or the Cable Broadcasting Committee under Composite Cable Broadcasting Act shall be considered dissolved.
(3) Members of the Broadcast Committee under the previous Broadcasting Act at the time of the promulgation of this Act shall perform their duties until the Korea Broadcasting Commission under this Act is composed, even if their terms of office expire before this Act enters into force.(4) In case where the Korea Broadcasting Commission under paragraph (1) is composed, the Korea Broadcasting Commission shall perform the duties of the Broadcasting Committee under the previous Broadcasting Act or the Cable Broadcasting Committee under the previous Composite Cable Broadcasting Act until prior to the date when this Act enters into force.
Article 4 (Transitional Measures concerning Articles of Incorporation, etc. of Korea Broadcasting System)
(1) The Korea Broadcasting System under the previous Korea Broadcasting System Act at the time when this Act enters into force shall be considered the Korea Broadcasting System under this Act. In this case, the articles of incorporation shall be modified and approved by the Korea Broadcasting Commission within three months after this Act enters into force.
(2) The current amount of the receiving fees under the previous Korea Broadcasting System Act as of December 31, 1999 shall be considered to have obtained the approval of the National Assembly under Article 65 from January 1, 2000.
(3) The Korea Broadcasting System under this Act shall succeed to all rights and liabilities of the Korea Broadcasting System under the previous Korea Broadcasting System Act.
Article 5 (Transitional Measures concerning Composition of Board of Directors and Executive Organs of Korea Broadcasting System)
(1) The board of directors and executive organs of the Korea Broadcasting System shall be formed under the provisions of this Act within three months after this Act enters into force.
(2) The directors of the Korea Broadcasting System, including the chairman of the board of directors, at the time when this Act enters into force shall perform their duties until their successors under this Act are selected and appointed.
(3) The president, vice presidents and auditor of the Korea Broadcasting System at the time when this Act enters into force shall perform their duties until their successors under this Act are selected or appointed.
Article 6 (Transitional Measures concerning Public Service Funds and Public Service Funds Management Committee)
(1) Public service funds established, administered and operated by the Korea Broadcasting Advertising Corporation under the Korea Broadcasting Advertising Corporation Act at the time when this Act enters into force shall be considered the Broadcast Development Fund established, administerd and operated by the Korea Broadcasting Commission under the provisions of this Act.
(2) In case where the Broadcast Development Fund Management Committee under this Act is composed, the public service funds administration committee under the previous Korea Broadcasting Advertising Corporation Act shall be considered dissolved.
Article 7 (General Transitional Measures)
(1) Administrative dispositions, etc. under the previous Broadcasting Act, Composite Cable Broadcasting Act, Management of Cable Broadcasting Act or Korea Broadcasting System Act at the time when this Act enters into force, the activities and diverse reports, etc. by administrative agencies, Korea Broadcasting Commission, Cable Broadcasting Committee, and other actions toward administrative agencies, Korea Broadcasting Commission, Cable Broadcasting Committee, shall be considered the actions under this Act.
(2) The Korea Broadcasting Commission may defer the authorization for a CATV broadcasting business under Article 9 (3) of this Act during the period as determined in the attached Tables.
(3) During the deferment period under paragraph (2), a CATV broadcasting business operator shall not record the sound and pictures of broadcasts conducted by the terrestrial broadcasting business operators, and re-transmit them.
(4) A program providing business operator liable to register under Article 9 (5) shall obtain authorization of the Korea Broadcasting Commission by December 31, 2000. In this case, the matters concerning the conditions of and procedures for authorization shall be determined by the Commission's regulations.
Article 8 (Transitional Measures concerning License, etc. for Broadcasting Business)
(1) A person who has received a license for a radio station under the Radio Waves Act at the time when this Act enters into force shall be considered a person who is granted a license under the provisions of Article 9 (1) of this Act.
(2) A person who has received a license for a cable broadcasting station under the previous Composite Cable Broadcasting Act at the time when this Act enters into force shall be considered a person who is granted a license under the provisions of Article 9 (2) of this Act, a person who has received a license for a program provider business shall be considered a person who is granted authorization or is registered under the provisions of Article 9 (5) of this Act, and a person who is designated as a network operator shall be considered a person registered under the provisions of Article 9 (10) of this Act.
(3) A person who has received a license as a cable broadcasting business operator under the provisions of the previous Management of Cable Broadcasting Act at the time when this Act enters into force shall be considered a person who is granted a license for a CATV relay broadcasting business under the provisions of Article 9 (2) of this Act, and a person who has received a license as music cable broadcasting business operator shall be considered a person registered as a CATV music broadcasting business operator under the provisions of Article 9 (5).
(4) A person who conducts an electric sign board broadcasts at the time when this Act enters into force shall be considered a person registered as an electric sign board broadcasting business operator under the provisions of Article 9 (5) of this Act: Provided, That he shall be issued a certificate of registration within six months after this Act enters into force.
Article 9 (Special Cases concerning Restriction on Ownership by Broadcasting Business Operator)
(1) In case where a corporation operating a daily newspaper under the Registration, etc. of Periodicals Act (including specially related persons) owns the stocks or equity shares of a corporation conducting a news report program provider business under the previous Composite Cable Broadcasting Act at the time when this Act enters into force, it may continue to own the stocks or equity shares, notwithstanding the provisions of Article 8 (3) of this Act, to the extent of the stocks or equity shares the said corporation owns.
(2) In case where a person, who has received a license for a broadcasting business under the previous Broadcasting Act or Composite Cable Broadcasting Act at the time when this Act enters into force or who owns the stocks or equity shares of such a business, comes to fall under a conglomerate or its affiliated companies (including specially related persons),he may continue to own the stocks or equity shares, notwithstanding the provisions of Article 8 (3) and (4), to the extent of the stocks or equity shares the said person owns.
(3) A person, who owns the stocks or equity shares of a broadcasting business operator under Article 3 of the Addenda of the Broadcasting Act No. 5529 at the time when this Act enters into force in excess of the limit on ownership under Article 8 (2) of this Act, may continue to own the stocks or equity shares to the extent of the stocks or equity shares the said person owns.
Article 10 (Collection of Fund from Satellite Broadcasting Business Operator)
The time for a collection of the Fund from a satellite broadcasting business operator under Article 37 (3) of this Act shall be prescribed by the Presidential Decree in consideration of the operational status of the satellite broadcasting business operator.
Article 11 (Transitional Measures concerning Application of Penal Provisions)
In the application of penal provisions against any acts before this Act enters into force, the previous provisions of the Broadcasting Act, Composite Cable Broadcasting Act, Korea Broadcasting System Act or Man-agement of Cable Broadcasting Act shall govern.
Article 12 Omitted.
Article 13 (Relation to Other Acts)
In case where the provisions of the previous Broadcasting Act, Composite Cable Broadcasting Act, Korea Broadcasting System Act or Management of Cable Broadcasting Act are cited in other Acts at the time when this Act enters into force, and where there are corresponding provisions in this Act, the corresponding provisions of this Act shall be considered to have been cited in lieu of the previous provisions.
ADDENDUM<Act No. 6690, Apr. 20, 2002>
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 6803, Dec. 18, 2002>
This Act shall enter into force on January 1, 2003.
ADDENDUM<Act No. 6869, May 10, 2003>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 6905, May 29, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA<Act No. 7188, Mar. 11, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on the day the Presidential Decree prescribes within the scope not exceeding three months from the date of its promulgation.
[Enforcement Date of the Enforcement Decree of the Framework Act on the Management of Disasters and Safety (Presidential Decree No. 18407), May 29, 2004: Jun. 1, 2004]
Articles 2 through 11 Omitted.
ADDENDA<Act No. 7190, Mar. 12, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDUM<Act No. 7213, Mar. 22, 2004>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 7370, Jan. 27, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA<Act No. 7498, May 18, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Collection of Regional Business Privilege Fees)
(1) The CATV broadcasting business operators shall pay regional business privilege fees that are collected by the Korean Broadcasting Commission pursuant to the previous provisions of Article 12 (3) after calculating the number of days by the date preceding the date on which this Act enters into force.
(2) The Korean Broadcasting Commission shall contribute the regional business privilege fees that are collected pursuant to paragraph (1) to the Broadcast Development Fund provided for in the provisions of Article 36.
ADDENDA<Act No. 7655, Aug. 4, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA<Act No. 7815, Dec. 30, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA<Act No. 8050, Oct. 4, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2007. (Proviso Omitted.)
Articles 2 through 12Omitted.
ADDENDA<Act No. 8060, Oct. 27, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Limitation on Ownership by Broadcasting Business Operators)
Any person that fails to meet the requirements of the amended provisions of Article 8 (2) 2 at the time of enforcement of this Act shall meet the requirements of the same provisions within one year after the enforcement of this Act.
Article 3 (Transitional Measures concerning Valid Term of Approval for Re-transmission of Terrestrial Broadcasting by CATV Broadcasting Business Operators, etc.)
Any person that has obtained approval for re-transmission with respect to the broadcasting respectively performed by terrestrial broadcasting business operators and foreign broadcasting business operators under Article 78 (4) and (5) at the time of enforcement of this Act shall be deemed to have obtained approval for re-transmission respectively again at the time of enforcement of the Presidential Decree under the amended provisions of Article 78 (6).
ADDENDA<Act No. 8101, Dec. 28, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA<Act No. 8301, Jan. 26, 2007>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) (Valid Period) The amended provisions of Article 70 (6) shall have their validity on or before June 30, 2010.
ADDENDA<Act No. 8568, Jul. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Restrictions on Ownership between Terrestrial Broadcasting Business Operators)
(1) At the time when this Act enters into force, any person who does not meet the requirements referred to in the amended provisions of Article 8 (7) shall meet such requirements within one year after the date on which this Act enters into force.
(2) The application of Article 8 (11) and (12) shall be suspended during the period referred to in paragraph (1).
Article 3 (Transitional Measures concerning Re-transmission of Broadcasting Services Provided by Foreign Broadcasting Business Operator)
At the time when this Act enters into force, approval for re-transmission of broadcasting services of a foreign broadcasting business operator obtained by a CATV broadcasting business operator or satellite broadcasting business operator under the former provisions shall, only for one year after the date on which this Act enters into force, be deemed to have been obtained by the said foreign broadcasting business operator under the amended provisions of Article 78-2: Provided, That this shall not apply when such approval is revoked under the amended provisions of Article 78-2 (5).
ADDENDA<Act No. 8867, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA<Act No. 9280, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2009.
Articles 2 through 6 Omitted.
ADDENDA<Act No. 9785, Jul. 31, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force 6 months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA<Act No. 9786, Jul. 31, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That the revised provisions of Article 69-2 shall enter into force one year after the date of its promulgation, notwithstanding the revised provisions of Article 35-4 (4).
Article 2 (Transitional Measures concerning Valid Terms of License and Approval)
The valid terms for license and approval for a person who has obtained license or approval for broadcasting business under the previous provisions at the time this Act enters into force shall comply with the previous provisions, notwithstanding the amended provisions of Article 16.
Article 3 (Transitional Measures concerning Application of Restrictions on Ownership of Broadcasting Business Operators)
(1) Notwithstanding amended provisions of Article 8 (2) and (3), any conglomerates and its affiliated companies (including related parties) or corporations operating daily newspapers or news correspondence (including related parties) shall not become the largest investor of terrestrial broadcasting business operator (excluding regional broadcasting) or substantially control right of management. In cases of violation thereof, corrective measures under amended provisions of Article 8 (13) may be ordered.
(2) A person who owns stocks or equity shares of broadcasting business operator in excess of that prescribed by amended provisions of Article 8 (2) under Article 9 (3) of Addenda Act No. 6139 of the Broadcasting Act may continuously own such stocks or equity shares within the scope of stocks or equity shares he owns.
Article 4 (Applicability concerning Administrative Orders)
The amended provisions of Article 18 (1) shall apply beginning with cases which fall under any of the subparagraph in the same paragraph which is generated for the first time after this Act enters into force.
Article 5 (Applicability concerning Disposition of Imposing Penalty Surcharge)
The amended provisions of Article 100 (1) and (4) shall apply beginning with offenses subject to penalties which occur for the first time after this Act enters into force.
Article 6 Omitted.
ADDENDA<Act No. 10165, Mar. 22, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That …<Omitted.>… Article 6 (1) of the Addenda, paragraph (2) (limited to the amended provisions of Articles 36 through 40, 69 (8) and 89 (3)) through (5), (7), (8) and (10) of the same Article shall enter into force on January 1, 2011.
Articles 2 through 7 Omitted.
ADDENDA<Act No. 10166, Mar. 22, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDUM<Act No. 10363, Jun. 8, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 10856, Jul. 14, 2011>
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of subparagraph 7 of Article 2, Articles 35, 35-3 (1), and 70 (7) shall enter into force on the date of its promulgation, and the amended provisions of Articles 35-5, 85-2, and 108 (1) 3-2 and 19-2 shall enter into force six months after the date of its promulgation.